Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Question of limitation is a mixed question of law and fact - Plaint for partition cannot be thrown out on the ground of limitation, as question of ouster etc., are all to be decided only with reference to facts pleaded and evidence recorded - Application..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and permanent injunction - Plaintiff failed to prove his title to disputed land - Said finding of fact is arrived at after due appreciation of evidence on record and same cannot be upset while exercising jurisdiction u/s 100 CPC - Suit rightly dismissed...........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Handwriting expert - Comparison of disputed signatures - Promissory note - Admitted contemporaneous signatures of defendant are available for comparison, that would give the correct picture which can be treated as best evidence - Application allowed subject to conditions...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to introduce plea of denial of landlord's title - Said plea was not raised by defendants in the written statement - Defendants held, not permitted to introduce the said plea by way of amendment, that too, at the belated stage after leading their evidence -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Concurrent finding of fact decreeing suit of plaintiff - First Appellate Court framed three points for determination and recorded its finding on every point - Submission of defendants that First Appellate Court not discharged its duties in accordance with law is misconceived - Courts below..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Despite number of opportunities, appellant failed to adduce any evidence at trial stage - Application at this stage is merely to delay the proceedings - Application liable to be rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Encroachment by defendant - Lower Appellate Court after appreciating facts and evidence on record, not only relied upon tatima, but also considered report of Local Commissioner appointed came to conclusion that defendants encroached upon land of plaintiffs - Report of Local Commissioner which..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Dismissal of application without taking evidence of parties - Impugned order set aside - Matter remitted for decision afresh in accordance with law...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea that summons not duly served - Court without taking evidence of parties holding that summons were duly served and dismissed application - Since it was a suit for specific performance, Court ought to have resorted to procedure of taking evidence to decide the application - Impugned order..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Normally, such application has to be taken along with appeal...........
