Civil Procedure Code, 1908, Order 7, Rule 14 -- Document allowed to be placed on record - Mere receipt of the documents cannot be said to be acceptance of the same as evidence - Objection as to relevancy or admissibility of the document can be raised at the stage of marking those documents...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Executing Court to examine the weight of the objections so raised - Framing of issues and opportunity to lead evidence not to be provided in every and all objections - Objector is duty bound to prima facie establish that there is some merit in the objections so raised before claiming any..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 144 -- Simple suit for partition - Witnesses have stated that plaintiff was in possession - There is neither any pleading of ouster nor there is any evidence in support of the ouster - Held, right to sue for partition is recurring right - No limitation is applicable nor cause of action will cease..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Appeal - There was no evidence in support of the pleading - No issue was framed - Point was never raised in Court below - Documents sought to be produced as additional evidence after more than 39 years - None of the circumstances mentioned U.O.41.R.27 is applicable - Held, appellants cannot be allowed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Decree of Trial Court set aside by HC - Suit remanded back for adjudication on the basis of evidence already on record - Direction that trial should be concluded within three months - Application for amendment of plaint sought - There was not a whisper in amendment application as to why prayer for..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Cannot be appointed to collect additional evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court has discretion to appoint Local Commissioner or not - Court can appoint Local Commissioner when it is necessary to arrive at a just conclusion either way or when Court feels that there is some ambiguity in the evidence which can be clarified by making inspection...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - A party cannot seek to lead evidence at appellate stage as per his own convenience and choice but the same is governed by the provisions as provided U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 24, Civil Procedure Code, 1908, Section , Order 14, Rule 1, 2 -- Non framing of an issue - Evidence available on record not sufficient for deciding that question - O.41.R.24 CPC cannot be invoked - If at all it was felt that trial Court should have framed specific issue then the matter should have been remanded to the trial Court..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Proviso - Provision of O.17.R.1 proviso is not mandatory - In a suitable case, on justifiable cause, Court may grant more than three adjournments to a party for its evidence but ordinarily the cap provided in the proviso to O.17.R.1 CPC should be maintained...........
