Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merits of plea not to be tested ordinarily, while considering application for amendment, as same is to be adjudged on the weight of evidence led during trial...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Cannot take place of proof - Plea raised in pleadings has to be proved by leading cogent and convincing evidence...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff intends to examine one `S' who had instituted the suit on behalf of the company - Plaintiff intends to lead evidence in rebuttal which he failed to lead in affirmative - Application rightly rejected...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Balance sale consideration - Extension of time - One of decree holder who was unfortunately indisposed as having suffering from ailments and umpteen number of documentary evidence, in this regard was also placed on record - Moreover owing to pendency of appeal at instance of vendor decree..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Subsequent event occurred during pendency of appeal - Ought to be taken into consideration by appellate Court - Finding on this issue necessarily has to be arrived after appreciation of documents on record - Application allowed...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Striking of defence - Application for closing evidence of defendants was dismissed - Trial Court has already ordered to expedite disposal of suit and granted two effective opportunities to defendants for concluding cross examination of witnesses examined by plaintiff and granted three opportunities to conclude their evidence..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendant No.3 stated that suit property was purchased by him in the name of his mother as trustee, not put forth in pleading - Defence of defendant No.3 does not fall within exception of S.4(3)(b) of Benami Act and thus, barred by law under said Act - Once defence is barred by law,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Non-service of summons - Order refusing to grant opportunity to lead evidence by defendant in support of said application - Report of refusal made by Postman is not absolute and it is rebuttable - Evidence can be led by defendant to show that report was falsely made and infact he did not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Amendment sought to claim interest on delayed payments of service benefits - Amendment will not change nature of suit and would not require any fresh evidence - Moreover, mere addition of relief with respect to interest would not itself make the petitioner entitled for interest, as..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for specific performance - No evidence on record as to why plaintiff had not been able to lead evidence in trial Court - No good grounds were made out to allow this application at belated stage - Moreover, suit was filed 25 years ago and defendant has three..........
