Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought only to incorporate a relief which was based on a cause of action which arose after filing of suit - Question of possession has to be considered and decided after evidence is led by both the parties - Only issues have been framed and no evidence led by..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Proposed rejoinder is intended only to specifically traverse and rebut new factual assertions introduced in written statement - Bar against raising a new case through subsequent pleadings is not attracted - Issues in suit are yet to be framed and both parties will have adequate opportunity to lead evidence -..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - No evidence could be led beyond pleadings...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of specific issue - Where parties go to trial with knowledge that a particular question is in issue though no specific issue has been framed thereon and adduce evidence relating thereto, they cannot claim prejudice for issue being not specifically framed...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Where a finding is returned by Court and same is assailed before appellate Court and appellate Court if it is a Court of fact may reverse it by appreciating evidence, but would have to record reasons in support of its conclusion...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When High Court exercises its jurisdiction u/s 100 CPC, particularly where there are concurrent findings of fact by two Courts below, interference with it is permissible on limited grounds such as where finding in question is perverse or is based on consideration of inadmissible evidence or by misreading or grossly..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Recovery suit for money based on promissory notes - Part payment endorsements on promissory notes not marked - No prejudice would be caused to defendant on adducing additional evidence by plaintiff - Application rightly allowed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Executing Court instead of examining whether there was willful disobedience of decree and whether remedial measures U.O.21.R.32(5) CPC were warranted dismissed execution petition on the ground that no specific date of dispossession was disclosed and that photographic evidence was..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once on the date of decree, defendant has not been found in possession and decree of permanent injunction has been issued against them, then neither executing Court nor High Court can go behind decree to hold that JDs are in possession prior to decree - Argument raised by JD..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right of rebuttal to plaintiffs would be with respect to issues on which onus is on defendants and said right will have to be specifically reserved at the time of closing evidence in affirmative or at the stage prior to which defendants lead their evidence - In case no such right is reserved, then said..........
