Civil Procedure Code, 1908, Section 151 -- Additional evidence - Deletion of O.18.R.17-A CPC does not mean that no evidence can be received at all, after a party closes his evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Court can allow recall of a witness or permit fresh evidence when additional evidence, oral or documentary will (a) assist in rendering justice; (b) Court is satisfied that non production earlier was for valid and sufficient reasons - Court should firstly (a) award appropriate costs to the other party to..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - A witness can be recalled by Court either on its own motion or on application filed by any of the parties to the suit - Power is discretionary and should be used sparingly - Purpose is to clarify doubts, if any, and not intended to be used to fill up omissions in evidence of a witness who has already..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Re-opening of evidence or recall of any witness for further examination or cross examination - For purposes other than securing clarification required by Court, inherent power u/s 151 of the Code can be invoked, subject to its limitations - Inherent power of Court is not affected by the express power conferred..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Suit for specific performance - D1 specifically contend that D1's Power Agent D2, defrauded D1 - D2 did not contest the matter after filing written statement - Held, matter has to be remanded back to first appellate Court so as to give opportunity to D1 to cross examine PW1 and also adduce evidence on his..........
Civil Procedure Code, 1908, Section 100 -- Suit for permanent injunction - Second appeal - First appellate Court did not assign any reasons and reversed judgment and decree passed by trial Court on mere ground that plaintiff has not asked relief of declaration of title in respect of entire land and thus he is not entitled for a decree of permanent injunction in a suit for..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Specific performance - Closure of evidence - Validity - Plaintiff was suffering from cancer and he was taking treatment - Trial Court passed order closing evidence of plaintiff even before his discharge from hospital - Held, trial Court directed to allow plaintiff to lay down his evidences...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - If allowed would amount to re-opening the trial and de novo proceedings will be started and there will be no end to the litigation - Petitioner has not shown any diligence much less to say due diligence while defending his case at the relevant time - Dismissal of application - Calls for no interference...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Police help to enforce the order - Both the parties claiming their possession - Both the parties filed suits and in both the suits ad interim injunction restraining interference in possession granted - Appeal against ad interim injunction order pending in both the suits - Factum of possession still..........
Civil Procedure Code, 1908, Section 100 -- Finding of fact - Second appeal - Concurrent finding recorded by both courts below against plaintiff-appellant in detailed judgments - Interference therewith - Held, finding does not warrant interference in second appeal as it is not shown to be perverse or illegal nor it is based on misreading or mis-appreciation of evidence...........
