Civil Procedure Code, 1908, Order 18, Rule 18 -- Court inspection - Court can undertake inspection only if there is some confusion created by the evidence already adduced - Merely for the reason that Court has prepared inspection note the evidence of expert witness cannot be said to be not looked upon - Court cannot base its judgment solely on the basis of inspection note..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Question of limitation - Suit for title and possession - Limitation does not commence unless there had been a clear and unequivocal threat to the right claimed by plaintiff which can only be decided when an issue is framed and parties lead evidence - Application U.O.7.R.11(d) is not maintainable...........
Fatal Accidents Act, 1855, Section 1(a) -- Torts - Criminal Procedure Code, 1973, Section 340 - Damages -Suit for damages vis-`-vis proceedings u/s 340 Cr.P.C - Distinction - Suit for damages is civil remedy for claiming monetary compensation for the wrong done - Proceedings u/s 340 are criminal proceedings initiated by the Court for giving false evidence - No monetary..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in second appeal - To produce pedigree table and revenue record - Facts to be established by way of additional evidence not pleaded - Additional evidence can not be permitted...........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Permission to withdraw suit - Second Appeal - Rights in property claimed on the basis of natural succession - Defendants claimed property on the basis of will - Suit dismissed - Second Appeal - Application by Plaintiff/Appellant to withdraw suit with a permission to file fresh on same cause of action raising the plea that..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - O.41.R.27 Clauses (a), (aa) and (b) refer to three different situations - Power of the appellate court to pass any order thereunder is limited - For exercising its jurisdiction thereunder, the appellate Court must arrive at a finding that one or the other conditions enumerated..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Conditions precedent for application of O.41.R.27(1)(aa) is different from that of clause (b) - If former is applied then it is for the applicant to show that the ingredients or conditions precedent mentioned therein are satisfied - For applicability of O.41.R.27(1)(b) appellate Court..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court not to pass an order so as to patch up the weakness of the evidence of the unsuccessful party before the trial Court, but it will be different if the Court itself require the evidence to do justice between the parties - The ability to pronounce judgment is to be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought only clarificatory in nature - Proposed amendment not requiring any evidence nor any fresh issues required to be framed - Amendment necessary for deciding the real questions in controversy between the parties - Amendment allowed...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Reservation of right - Last stage for exercising option to reserve the right of rebuttal can be before the other party begins its evidence...........
