Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Additional evidence U.O.41.R.27 CPC can be adduced in one of the three situations: (i) that trial Court has illegally refused evidence although it ought to have been permitted; (ii) that evidence sought to be adduced by party was not available to it despite exercise of due diligence;..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Petitioners have submitted photographs to be considered as additional evidence - Reason for failure to file these photographs at the appropriate stage not satisfactory or convincing - Allowing introduction of said evidence would serve no substantial purpose and consequently,..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1(2) -- Summoning of Tehsildar - Partition suit - Tehsildar cannot be summoned to Court to lead evidence merely on the ground to find out the discrepancy that seems to be in the areas of land purchased by parties in the agreement of sale and the area that was got mutated in the name of parties in the revenue records -..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substituted defendants - Additional written statement - No averments as to what defence was sought to be raised by defendants - Substituted defendants cannot be allowed to set up a new case under the garb of right vested in them by virtue of provision in O.22.R.4(2) CPC - Predecessor in interest of defendants had already..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Parties have not led their evidence and there was no issue before Court that require elucidation - Trial Court committed error while appointing Commissioner U.O.26.R.9 CPC - Order of appointment of Commissioner set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - When Court on the basis of ocular and documentary evidence is not in a position to come to a definite conclusion on a particular issue or fact, same can be clarified by issuing a commission for local investigation...........
Specific Relief Act, 1963, Section 38, 39, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for perpetual and mandatory injunction - Framing of suit was not an issue before trial Court and first appellate Court - Non-suiting plaintiff by High Court on that ground is unsustainable - High Court ought to have accepted plaintiff's case by appreciating documents..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Main purpose of O.18.R.17 CPC is to enable Court to clarify any doubt which it may have with regard to evidence led by parties - However, provision of O.18.R.17 CPC cannot be used to fill omissions in the evidence of a witness who already stands examined in detail...........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Scientific investigation - DNA Test - Paternity - Directions for DNA testing can only be permitted when Court after perusal of evidence finds that evidence is not sufficient to conclude legitimacy of paternity - Application rejected being premature...........
Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Matrimonial dispute - Wife is residing in USA and because of her nature of job, she was unable to come to India for her evidence - Dismissal of application without giving any reasons - Impugned order set aside - Application allowed...........
