Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When an application for reception of additional evidence is filed, it is duty of Court to deal with the same on merits...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - It is incumbent on the part of appellate Court to consider at the time of hearing of appeal on merits so as to find out whether the documents or evidence sought to be adduced has any relevant/bearing on the issues involved...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed in three situations, namely (a) (a) whether the trial Court has illegally refused the evidence although it ought to have been permitted; (b) whether the evidence sought to be adduced by the party was not available to it despite the exercise of due diligence; (c) whether..........
Civil Procedure Code, 1908, Order 16, Rule 1-A -- Permission to examine a witness whose name does not appear in the list of witnesses but present in Court - Evidence of defendant closed by order - On an application one opportunity to produce only those witnesses granted which were summoned earlier - Order of trial Court cannot be circumvented - Best course open for the..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert - Execution of agreement to sell denied - In such a case plaintiff is not allowed to lead evidence in rebuttal - However, when one attesting witness appears as DW and denies his signatures then it becomes necessary for plaintiff to contradict statement of attesting witness by way of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Not examined as a witness - There is no impediment from relying upon the report of Local Commissioner as it is part and parcel of the Court file and relevant and admissible piece of evidence...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- No pleadings - Evidence inadmissible - Held, when there is no pleading, evidence against pleading is inadmissible...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - No evidence that defendant had knowledge of pendency of suit - Defendant neither served personally nor through registered post nor through publication in any newspaper having wide circulation in the locality - Held, service through Munadi cannot be said to be a valid and sufficient service -..........
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...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Cannot be decided merely on equitable grounds as it lies only on a substantial question of law, which is something distinct from a substantial question of fact - Second appeal cannot be entertained unless a substantial question of law is involved, as the second appeal does not lie on the ground of erroneous..........
