Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Commissioner can be appointed before issues are framed or evidence is led - Contention that order appointing a Commissioner before evidence is led is premature, held, untenable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Dispute as to nature and use of suit lands - Appointment of advocate commissioner to inspect the suit lands and note down the nature of said lands and uses to which the lands are being put to, cannot be faulted - Said appointment for that purpose by no stretch of imagination can be..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint Res judicata - Not a ground to reject plaint - Res judicata is a mixed question of law and fact and it requires evidence to be recorded to decide it...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Where plaintiff claims accrual of cause of action on the basis of definite pleadings, question with regard to limitation, which is mixed question of law and facts, has to be decided by Court on the basis of evidence to be led by parties, after framing issues - Question of rejection of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of gift deed - Contentious issue between parties regarding plaintiff's entitlement for exclusion of period during which earlier suit remained pending, which is a mixed question of law and fact - To be decided by Court on the basis of evidence to be led by..........
Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Section 151 -- Secondary evidence - Photostat copy of agreement of sale - Suit for specific performance - Original agreement of sale was filed in earlier suit and was destroyed by Court - Certified copies of decree and judgment in said suit are exhibited and endorsement given by District Court showing that..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Court should allow the party to file such additional evidence, if applicant is able to satisfy Court that there is justifiable reason for not filing such evidence at the trial stage and that additional evidence is relevant and material for deciding the lis...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Once additional evidence is allowed then appellate Court is under obligation to give opportunity to the other side to file additional evidence by way of rebuttal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Allowed for the reason : (i) It was averred in application as to why additional evidence could not be filed in the suit; and that (ii) why there was delay on their part in filing such evidence at appellate stage; (iii) averments in application were supported with an affidavit, which..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Jurisdiction of first appellate Court is very wide like that of trial Court - It is open to appellant to attack all findings of fact or law in first appeal - It is duty of first appellate Court to appreciate entire evidence and may come to a conclusion different from that of trial Court...........
