Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - To note down physical features of property - Cannot be said as an attempt to gather evidence...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for partition - Defendant taking plea of previous partition - Defendant will lead evidence first and thereafter plaintiff will lead evidence in rebuttal - Defendant is to lose if neither party adduces evidence...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced pertaining to criminal proceedings being First Report (F.R.) against petitioner - Petitioner was not aware of filing of F.R. and its acceptance by criminal Court, therefore it cannot be said that he did not act with due diligence in approaching the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Admittedly, document reveals that document was of the period prior to filing of the suit - No reason offered by plaintiff for not producing the same during the course of trial - Even, no reference of said document has been made either in plaint or in evidence - Moreover, said document..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Evidence of parties was completed - Suit is coming up for arguments - Leave to a party to file documents before commencement of arguments cannot be granted particularly when there is no justifiable reason for accepting those documents - Application rejected...........
Civil Procedure Code, 1908, Order 26, Rule 1, 4A -- Local Commissioner to record evidence - Court cannot appoint an Advocate Commissioner without assigning any reasons - Impugned order of appointing advocate commissioner for examination of plaintiff does not show any reason which prompted lower Court to appoint an advocate Commissioner - More so, as per cause title,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought based on subsequent event when plaintiff refused to accept the amount sent by defendant and denied the relationship of landlord and tenant between parties - Said amendment clearly appears to be an attempt to create evidence during pendency of suit so as to..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Permissible when (a) there is discovery of new and important matters or evidence which after the exercise of due diligence was not within the knowledge of the applicant; (b) some important matter or evidence could not be produced by applicant at the time when decree was passed or order made; and (c) there was some..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Additional evidence cannot be lead in the garb of rebuttal evidence - There is difference between rebuttal evidence and additional evidence - Evidence in rebuttal cannot be lead to fill lacunas in evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Absence of cause of action and non disclosure of cause of action - There is distinction between the two - Difference lies in the manner in which the correctness or otherwise of the two pleas is to be ascertained - Averment that there is no cause of action to file suit has to be tested for its..........
