Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Suit for specific performance - Comparison of thumb impressions of defendant with those on agreement to sell - Not permissible in rebuttal evidence when it was for plaintiff to prove valid agreement to sell by leading affirmative evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Even after deletion of provision of O.18.R.17-A Court can allow additional evidence in exercise of its inherent powers unless it is actuated with malafides or is due to gross negligence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Not to be evaluated at the stage of deciding application - However, a duty is cast on the Court to examine prima facie the relevancy of the material sought to be produced so as to conclude that application filed is bonafide and not to abuse the procedural law to harass the opposite party...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents sought to be produced by way of additional evidence are certified copies of appeal and vakalatnama and also written statement and power of attorney - Photo copies of the said documents have been produced in Court - Thus, application for leading additional evidence cannot be said to be filed with..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Examination of witness not mentioned in the list of witnesses - Court has no jurisdiction to refuse to examine the witnesses on ground of non mention of names and gist of evidence of such witnesses...........
Civil Procedure Code, 1908, Order 14.Rr1, -- Framing of additional issue - Belated application - Civil suit filed in the year 2006 - Both sides concluded their respective evidence and knew about the case of each other very well while leading the evidence - Application was filed at belated stage of hearing of arguments - Held, application can not said to be bona fide...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Appellate Court framed additional issue - Matter remanded to trial Court for recording evidence of both parties on additional issue and to decide the suit afresh after considering each issue separately - Remand was not for de novo trial - Amendment of written statement cannot be allowed at..........
Hindu Marriage Act, 1955, Section 12, Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 45 -- Divorce petition by wife - Ground of impotency of husband - Whether the family court can issue direction for medical examination of a party? - Held, medical examination by experts is permissible to ascertain truth of the matter - Where a question is raised..........
Civil Procedure Code, 1908, Section 151 -- Eviction petition - Additional evidence - Permission sought by tenant to lead additional evidence - No ground made out in the application for leading additional evidence - Plea that evidence closed by counsel without his knowledge - Tenant not filed any complaint against his lawyer - Held, averments made in application are totally..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Omission of an issue or unsatisfactory nature of the issues framed - Parties alive to the point and adduced evidence and have discussed it in the trial Court judgment - Decree will not be set aside...........
