Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Written statement - Amendment sought at appellate stage - Eviction petition - Eviction on ground of personal necessity - Landlord constructed nine additional shops - Rejection of amendment application - Order upheld - However, appellant can apply for adducing additional evidence...........
Civil Procedure Code, 1908, Order 17, Rule 3(a) -- Applicability of the provision - Conditions necessary are : (1) Time must have been granted to the party concerned to produce his evidence or cause the attendance of his witnesses or perform any other act necessary for the further progress of the suit; (2) The party failed in doing any of the acts enumerated above; (3) The..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Property in exclusive name of respondent - Appellant failed to adduce evidence to confirm that joint family property nucleus had sufficient funds to acquire suit property and therefore it was joint property - Respondent led sufficient evidence that he purchased family land from his father and brother and..........
Stamp Act, 1899, Section 38(1), 33, Civil Procedure Code, 1908, Order 13, Rule 3, 4 -- Duly stamped - Document tendered in evidence - Objection raised by other party that document is insufficiently stamped - Court assumes jurisdiction to impound the document - Duty of Court to assess the duty and penalty - Option is with the party either to accept the assessment made by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Cause of action - Means every fact, which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court - Every fact, which is necessary to be proved, as distinguished from every piece of evidence, which is necessary to prove each fact, comprises in 'cause of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Provision of O.2.R.2 CPC is directed to securing the exhaustion of the relief in respect of a cause of action and not to the inclusion in one and the same action or different causes of action, even though they arise from the same transaction - One great criterion is, when the question arises as to whether the cause of action..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Scope - (1) The correct test in cases falling under Order II Rule 2, is whether the claim in the new suit is in fact founded upon a cause of action distinct from that which was the foundation of the former suit; (2) The `cause of action' means every fact which will be necessary for the plaintiff to prove it traversed in order..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Pleading has to state material facts and not the evidence - There is distinction between material facts and particulars - Words `material facts' show that the facts necessary to formulate a complete cause of action must be stated - Omission of a single material fact leads to an incomplete cause of action and the..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-A -- Additional evidence - Document sought to be produced essential for just and proper adjudication of the case - Evidence which otherwise is material cannot be shut only due to some delay in moving application for additional evidence - Application for additional evidence allowed...........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - Court not to re appreciate evidence to reach conclusion other than the one recorded by Courts below merely because another view is possible...........
