Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61 -- Document tendered in evidence and exhibited - Held, mere marking of the exhibit does not dispense with the proof of the document...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Writing annexurs A1 and A2 has no evidentiary value as the same cannot be looked into evidence being beyond pleadings - Application for leading additional evidence rightly rejected...........
Civil Procedure Code, 1908, Section 148, 151, Order 21, Rule 12-A, Specific Relief Act, 1963, Section 28 -- Extension of time for deposit of balance sale consideration - Suit for possession by way of specific performance of agreement decreed on deposit of balance price within stipulated period - Balance price not deposited within fixed period - Application for extension of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence closed by order as 20 effective opportunities for leading evidence availed - Revision against - Dismissed - SLP also dismissed - There is no justification to grant further opportunity to the petitioner for leading additional evidence...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence by order - Witnesses summoned through process of Court for different dates - However, they could not come present - Held no prejudice is going to be caused to the plaintiff in case one more opportunity is given - Respondent compensated by cost assessed at Rs.3, 000/-...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced formed the very basis of the claim and their consideration was necessary for just decision of the case - Reason for not producing the same at the time of trial was that original plaintiff died during pendency of suit and L.R's were not award of those..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be proved by way of additional evidence were within the knowledge of the appellant - Appellant only wanted to fill up the lacuna by seeking permission to lead additional evidence - Held, appellant cannot be allowed to do so - Application for additional evidence..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Objections - Except in case of objection of stamp duty, Court to allow marking the documents tentatively as an exhibit subject to decision of objections at the time of final arguments in the case - In case, the court finds at the final stage that the objection raised is sustainable, the objected..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 18, Rule 17 -- Framing of additional issues - Waiver of - At the time of framing of issues trial court specifically recorded that no other issues are pressed or claimed - If any other issue arises the same is waived - Application for framing additional issues and for leading additional..........
Punjab Land Revenue Act, 1887, Section 45, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte decree - Suit filed for possession - One of the defendants chose not to contest the suit and hence proceeded against ex-parte - Remaining defendants though filed written statement, but cared not to lead any evidence to substantiate the case set up in written statement - Held,..........
