Civil Procedure Code, 1908, Section 100 -- Second appeal - Appreciation of evidence - When permissible - Held, in second appeal evidence is not required to be appreciated again because lower appellate court is final court of fact - In instant case, there is concurrent finding of fact by both courts below - Said finding is based on analysis and appreciation of evidence led..........
Civil Procedure Code, 1908, Section 9 -- Answer papers of plaintiff - Negligence of University - Suit for compensation - Jurisdiction of civil court - Suit filed for compensation on the ground that University was negligent in dealing with the answer papers of the plaintiff - It is submitted that there is no provision in the Calicut University Act which provides for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation of evidence - Permissibility - Two Courts below recorded a finding of fact that execution of Will has been duly proved - Held, in second appeal evidence cannot be re-appreciated unless it is established that view taken by two Courts below is perverse and is not at all possible from the evidence on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Judgment and decree challenged on the ground that it has been obtained by fraud and misrepresentation - Amendment sought so as to introduce certain grounds in the plaint to justify the plea of fraud and misrepresentation - Amendment sought will neither change cause of action nor nature of suit - Pleading..........
Evidence Act, 1872, Section 114, 101, 102, Civil Procedure Code, 1908, Order 6, Rule 4 -- Fraud, undue influence and coercion - Full particulars must be pleaded - Fraud - Must be proved by one who alleges it - However, inferences may be drawn from the circumstances where production of direct evidence is not possible...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contentions raised by defendant purely mixed questions of law and facts which cannot possibly be determined without adducing evidence by the parties - All the arguments now sought to be raised on behalf of the defendant not at all relevant at this stage and the same may be deeply necessary at the time of..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Power of appellate court to remand - If there is sufficient evidence to decide the case on merits, then it becomes statutory duty of appellate court to decide the case on merits - Appellate court cannot straight away resort to O.41.R.25 of the Code to pass an order of remand - Order of remand be made where trial..........
Civil Procedure Code, 1908, Order 41, Rule 31(c) -- Suit for declaration - Defendants contested suit and filed counter claim - Trial Court dismissed suit but allowed counter-claim - Appeal filed by plaintiff dismissed and also set aside counter-claim - Judgment & decree of first appellate Court set aside - Held, lower appellate Court has not given appreciable reasons to..........
Civil Procedure Code, 1908, Order 19, Rule 1 -- Evidence on affidavit Petitioner filed suit against respondent for declaration and injunction - An application for interim injunction also filed - Petitioner and respondent filed their respective affidavits at hearing of application - However, petitioner sought permission to cross-examine respondent - Held, it can be allowed..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - To report about actual and factual position of the land in dispute - Does not mean that Local Commissioner is to opine as to who is in possession - Local Commissioner has only to report what he would see on the spot - After obtaining the report, it is for the Court to appreciate the other evidence to find..........
