Civil Procedure Code, 1908, Section 151 -- Additional evidence - If a document is sought to be filed at a belated stage is relevant and helps the Court in adjudication, such documents can be received in evidence...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - To further cross examine witness to confront with documents - Such documents were in public domain - Documents not produced earlier is likely to fill up the lacuna and omission in evidence - Application dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - For collection of evidence, Commissioner cannot be appointed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Allowed by Appellate Court - On the same very day appeal was allowed by setting aside judgment and decree of trial Court - No reason given as to why in the absence of further evidence being recorded by first appellate Court on basis of amended written statement, judgment and decree of trial..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - No party can be permitted to adduce evidence beyond pleadings...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Public document - Cannot be taken on record when there is no pleading to that effect...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - First Appellate Court erroneously placed the burden of proving ownership on plaintiffs, despite the defendants admission of their title by pleading adverse possession - Court disregarded the jamabandi entries and other revenue records without valid justification - Court's conclusion that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - At the stage when evidence is yet to be led on all the disputed questions of fact and law, question of limitation cannot be said to be a pure question of law so as to justify rejection of plaint at its threshold...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of arguments - Proposed amendment if allowed would change very nature of plaint and very source of title which plaintiffs have averred to have been derived this property in suit - Amendment sought also being very vague and general in nature, as no date of sale deed and particulars thereof is..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents were created only to frustrate the purpose for which civil suit was filed - Application U.O.41.R.27 CPC filed with object to frustrate and defeat the judgment and decree - Application dismissed...........
