Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of an expert - Affidavit introduced in evidence by defendant which was beyond pleadings - Held, plaintiff has right to examine the handwriting expert even in rebuttal evidence as defendant has introduced the affidavit beyond pleadings, at the stage of evidence...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of fact - Interference with - Held, if finding of fact is perverse or same has been reached in ignorance of material available on record or by misreading of evidence on record then it is open to interference in exercise of power u/s.100 CPC...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - When maintainable - (i) Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within knowledge of the petitioner or could not be produced by him; (ii) Mistake or error apparent on the face of the record; (iii) Any other sufficient reason; (iv) Words "any other..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - When not maintainable - (i) A repetition of old and overruled argument is not enough to reopen concluded adjudications; (ii) Minor mistakes of inconsequential import; (iii) Review proceedings cannot be equated with the original hearing of the case; (iv) Review is not maintainable unless the material error, manifest..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Certified copies of documents in question already on record and exhibited without any objection as at that point of time originals of those documents were not traceable - Held, once the certified copies of the originals are exhibited on record without any objection, there should be no objection to the placing..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Decree passed on the ground that plaintiff has supported the facts as pleaded in plaint and defendant has not contradicted the averments made by plaintiff and has not produced any evidence in defence - Decree was passed without recording finding as to existence of grounds of eviction - Held, decree..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 7, 19, Evidence Act, 1872, Section 102 -- Ex parte decree - Setting aside - Valid service of summons - Denial - Burden of proof - It is on the person who affirms that there was a valid service which was refused - Held, it is untenable argument that defendant must put the Court bailiff..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - Provision of O.18.R.3-A CPC is directory in nature - A party as its own witness can appear when only affidavits of witnesses had been filed - Mere filing of affidavit of witnesses does not amount to `examine' - Word `examine' means not only the affidavit in evidence being filed in lieu of..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Defendant supporting the case of plaintiff cannot lead evidence after closure of evidence of contesting defendant...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23, 25 -- Remand - Trial Court directed to appoint Commissioner for site inspection and decide ownership of disputed plot on the basis of report of Commissioner - Held, Local Commissioner cannot be appointed to collect evidence nor can ownership be decided on the basis of report of Commissioner - On the other hand, case does..........
