Specific Relief Act, 1963, Section 37, Civil Procedure Code, 1908, Section 100 -- Injunction - Second appeal - Appellant failed to prove his title over the suit property - In fact suit property is a street - Concurrent findings of fact recorded by courts below - No material evidence ignored while returning this concurrent findings - Held, no ground is made out to upset the..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Affidavits tendered in rebuttal evidence - Affidavit cannot contain averments which pertain to the affirmative character of evidence - Contents relatable to averments of affirmative character not to be accepted in rebuttal evidence...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction order - Obstructor claiming to be in possession in his independent right of tenancy - No rent receipt or documentary evidence produced - Rent, if not accepted by landlord, not deposited in Court - Merely because of the original rent note executed between D.H. & J.D. being in the hand of obstructor does..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Additional evidence sought to be led on a plea not raised in the pleadings - Held, not permissible - Parties to the lis are bound by their pleadings - They cannot be allowed to travel beyond their pleadings - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding the application for additional evidence - Impugned judgment set aside - Matter remanded - Appeal to be decided after deciding application U.O.41.R.27 in the first instance...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Sale deed sought to be filed by way of additional evidence - No dispute with regard to ownership and title of plaintiffs over the plots described in the plaint - Order rejecting application by holding that additional evidence would be of no help in pronouncing the judgment - Order..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - A litigant who is unsuccessful in the lower Court cannot be permitted to patch up the weak parts of his case and fill up omissions, in the Court of appeal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner at appellate stage - By getting the survey commission, petitioner wanted to fill up the lacuna of his case and to generate the evidence - Cannot be permitted at the appellate stage...........
Motor Vehicles Act, 1988, Section 149(2)(a)(ii), 173, Civil Procedure Code, 1908, Order 41, Rule 27 -- Death in motor accident - Liability of insurer - Driver of the offending vehicle not having valid driving license - Insurance Company exonerated - Appeal in High Court - Owner and driver of the offending vehicle sought to produce additional evidence, by tendering valid..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Production of - Defendant had examined as many as six witnesses before closing his evidence after tendering documents - He was fully aware of his case - Held, he cannot be allowed to fill up lacuna of his case...........
