Civil Procedure Code, 1908, Order 41, Rule 23A, 25 -- Remend - Evidence available on record - Appellate Court to decide those issues even if the same have not been decided by the trial Court - If evidence is not on record then instead of remanding back the matter, the appellate authority either to entertain the additional evidence or may ask the trial Court to take..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Amendment of pleadings at appellate stage - Consequent evidence thereto - Consequent evidence to the amended pleadings at appellate stage is different than the one in the trial Court - Consequent evidence to amended pleadings at appellate stage is not as a matter of course - When..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of law - The construction of a document of title or of a document which is the foundation of the rights of parties, necessarily raises a question of law - Whether a particular question is a substantial question of law or not, depends on the facts and circumstances of each case - More so, there is no..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of partition suit - Permissibility - Plaintiff herself wanted partition - Substantial part of evidence has already been recorded - Suit is almost at final stage thus, same has to be determined on merit - Defendant No.1 is claiming 50% claim in suit property - He has some rights in respect of suit property as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought relating to matter of evidence - Proposed amendment cannot be permitted...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Boundaries - Plaint map - Be read alongwith averments in the plaint and other evidence on record and not in isolation - When there is an inconsistency, Court will find out the correct measurement and decide the matter accordingly...........
Civil Procedure Code, 1908, Order 26, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 19 -- Recording of evidence - Appointment of commission - Application filed by defendants to record their statements by appointing commission - Rights of defendants to lead further evidence closed in terms of order of Court - Held, provisions not applicable to party to litigation who..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Permission to adduce - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - However, during pendency of appeal they admitted true fact by executing registered sale deeds - They failed to explain admission made by them in registered sale..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Can be sought on the grounds viz. (a) 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; (b) Mistake or error apparent on the face of the record; (c) Any other sufficient reason - Any other..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage when case was fixed for arguments - To prove Will and copies of mutation - Copy of mutation available but not produced on record - Will a registered document - No explanation as to why petitioners did not take any steps for proving the Will by leading secondary evidence - Application an..........
