Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of deceased plaintiff at the stage when suit was fixed for final arguments - Proposed amendment is subsequent event and is essential in order to avoid multiplicity of proceedings inter se parties - Amendment is not destructive to original pleadings - No prejudice is caused to..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree by JD - Proceedings U.O.21.R.32 CPC, are punitive proceedings - JD can be punished only on the basis of positive cogent and reliable evidence in order to prove that JD has intentionally and voluntarily disobeyed the decree passed by trial Court...........
Civil Procedure Code, 1908, Section 115 -- Revision - High Court empowered to interfere with the findings of facts only if findings of facts are perverse - High Court cannot reappreciate the evidence in its revisional jurisdiction...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Averments made in plaint only are relevant - Averments made in plaint prima facie do not show that they are vexatious or meritless - Contentious issues existed which are to be decided after recording evidence of parties - Issue of limitation is a mixed question of law and fact and..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Object of provision is not to allow plaintiff an opportunity to commence trial afresh after he has failed to conduct suit with due diligence and care and to substantiate his case by evidence - However, very purpose of O.23 CPC is to prevent defeat of justice on technical grounds...........
Civil Procedure Code, 1908, Order 12, Rule 8 -- Notice U.O.12.R.8 CPC - Non-production of document inspite of notice - Adverse inference cannot be drawn against a party called upon to produce a document, unless it is proved that document in fact is in possession and custody of party concerned - Even otherwise, such inference is no more than presumptive evidence which by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where issues are required to be decided on evidence, it will not be proper to reject plaint either on the ground that it is apparently barred by law or it does not disclose cause of action...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Prayer for leading evidence in rebuttal declined - Additional evidence cannot be allowed...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Additional and rebuttal evidence - Difference - Additional evidence is with respect of a fact which was not within the knowledge or same could not be known by party despite due diligence - Whereas, in rebuttal evidence right is with respect to an issue which was already within the knowledge of party and party had..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of handwriting expert to rebut the report of expert examined in defence - Plaintiff had knowledge of stand of defendant from the very inception - Having failed to lead its evidence in affirmative and in rebuttal, plaintiff cannot be allowed to rebut the defence evidence by way of additional..........
