Civil Procedure Code, 1908, Section 26(2), Order 6, Rule 15(4) -- Affidavit - Filing alongwith plaint - Defect in affidavit - Can be cured later by filing an additional affidavit explaining the circumstances under which any defect in the affidavit crept in and in such case it cannot be said that it goes to the root of the matter - If there are inconsistent affidavits, then..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Allowed for the reason : (i) It was averred in application as to why additional evidence could not be filed in the suit; and that (ii) why there was delay on their part in filing such evidence at appellate stage; (iii) averments in application were supported with an affidavit, which..........
Partition -- Compromise during pendency of appeal - Deed of compromise duly signed by parties has been filed by way of an additional affidavit - Appeal disposed of in terms of deed of compromise - Deed of compromise will form part of decree...........
Criminal Procedure Code, 1973, Section 91, Evidence Act, 1872, Section 123, 124 -- Production of documents - Evidence as to affairs of State - Documents in question were submitted by CBI to Ministry of Home Affairs in the form of seven proposals for obtaining permission for interception of certain telephone calls of accused persons - Said documents are very much in the..........
Criminal Procedure Code, 1973, Section 311 -- Complaint u/s 138 of N.I.Act - Taking on record the duly attested affidavit of CW2 by way of additional evidence - Mistake of party - Three complaints presented by complainant and all were being tried simultaneously and on same day - Three attested affidavits were to be tendered in three separate complaint cases but..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit reserved for judgment - Affidavit filed in support of application does not disclose reasons much less valid reasons - Court has to take into consideration the prejudice likely to be caused to the parties to the proceedings while disposing of application of this nature - Possibility of filing such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment in written statement - Delay in filing application - Petitioner took plea that she was unaware about the mutation recorded in favour of defendant - Petitioner is wrong to say that she was not aware of the mutation because said mutation was already produced on record by way of additional evidence - Averments made in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Written statement to the amended plaint - Defendant to file his written statement to the amended plaint only upto the extent of amendment made in the plaint - Defendant shall also have the right to cross examine again, already examined plaintiff, but only upto the extent of the amendment made in the..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Two cheques referred in the plaint and examination-in-chief affidavit but inadvertently the same could not be placed on record - Even defendant did not take notice of the said omission - Order allowing application, upheld...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10, 18 -- Eviction - Execution proceedings - Abuse of process - Order of eviction passed in favour of landlady confirmed by High Court - SLP filed by tenant dismissed by Apex Court and time was granted to tenant to vacate demised premises subject to filling of affidavit of undertaking - Tenant failed to file..........
