Civil Procedure Code, 1908, Order 26, Rule 10A(1) -- Handwriting expert - Comparison of signatures - Application for - Defendant No.1 was proceeded ex parte - Defendant No. 4 sought examination of signatures of defendant No.1 through handwriting expert - Trial Judge rejected application on the grounds viz. want of facility for examining documents by handwriting experts in..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Defendant can produce documents at time of hearing of suit with leave of Court - Held, rejection of application for filing documents only on the ground that documents were filed at a late stage, improper...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Defendant when fails to produce the documents relied upon along with the written statements shall not be received in evidence without the leave of the Court...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Agreement to sell and receipt - Alleged to be illegally retained by father of defendant and after his death passed on to defendant - Second evidence - Held, no logic behind the contention that when a purchaser pays money for purchase of property he would hand over the original receipt of money and documents of sale to..........
Civil Procedure Code, 1908, Order 13, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 1 -- Belated production of documents - Documents not filed at the time of filing written statement or before settlement of issues - Documents listed in the written statement - Delay to be explained by good and sufficient reason - However, vital and important documents which are..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Placing some documents on record and summoning some witnesses - Application to place on record report of retired Kanungo by summoning him as witness and building plan sanctioned by Corporation by summoning concerned junior engineer - Dismissal of application on ground that report of retired Kanungo is self..........
Civil Procedure Code, 1908, Order 8, Rule 1-A, Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Defendant is required to produce the documents on which he places reliance - Provision of O.8.R.1-A does not entitle the plaintiff to seek a direction to the defendant to file the documents on which he does not relie in support of his defence or counter..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Production of - Defendant had examined as many as six witnesses before closing his evidence after tendering documents - He was fully aware of his case - Held, he cannot be allowed to fill up lacuna of his case...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Filing beyond 90 days - Non supply of document referred to in the plaint - It is obligatory on the part of Court to ensure the supply of such documents to the defendant to enable him to prepare and submit a complete and effective written statement - Non supply of documents constitutes a..........
Civil Procedure Code, 1908, Section 100 -- Suit for eviction and recovery of possession - Second appeal - Plea that defendant unauthorisedly trespassed and occupied suit property in absence of plaintiff/owner - Appellate Court dismissed appeal on ground that plaintiff failed to adduce documents to establish his title over suit property - Therefore, in absence of any..........
