Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence - Last opportunity granted to conclude entire evidence - Case transferred and transferee Court closed evidence - Plaintiff never knew that case is transferred and he alongwith his witnesses present where the case was earlier pending - Justice warrants that full opportunity is given to the plaintiff to lead..........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Civil Procedure Code, 1908, Order 13, Rule 2, Civil Procedure Code, 1908, Order 8, Rule 1-A(3) -- Document - Sought to be received in evidence - Application cannot be filed U.O.13.R.2 as it stands omitted by CPC (Amendment) Act, 2002 - Documents can be received U.O.7.R.14(3) or O.18.R.1-A(3) CPC...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - If on appreciation of evidence Court records a finding of fact and reaches a conclusion, that conclusion cannot be assailed in a review petition unless it is shown that there is an error apparent on the face of record or for some reason akin thereto...........
Transfer of Property Act, 1882, Section 106 -- Civil Procedure Code, 1908, Order 5 Rules 17 and 19 - Notice - Termination of tenancy - Due service - Deposition of Postman proving his report that tenant-appellant refused to accept the registered letter - Notice sent under postal certificate proved on record - Tenant-appellant while appearing as PW has admitted that correct..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only when Court comes to a clear conclusion that any of the conditions enumerated in clauses (a) to (f) of rule 11 of order 7 are satisfied and it should be done in exceptional circumstances only - Facts in plaint or written statement are not to be judged at the stage of rejection of plaint which is only..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review can be exercised on discovery of new and important matter or evidence which after exercise of due diligence was not within the knowledge of the person seeking the review or could not be produced by him at the time when the order was made - It may be exercised where some mistake or error apparent on..........
Civil Procedure Code, 1908, Section 26(2), Order 6, Rule 15(4) -- Plaint - Affidavit in support of the pleadings - It fixes additional responsibility on the deponent as to the truth of the facts stated in the pleadings - An affidavit accompanying pleading shall not be evidence for the purpose of the trial...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 26, Rule 16, 16-A, 17, 18, Evidence Act, 1872, Section 154 -- Witness - Examination by Commission - Commission examining a witness has no right to declare a witness hostile - For declaring a witness hostile permission of Court has to be taken and it is only after grant of such permission by..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Deletion of O.18.R.17-A does not disentitle production of evidence at a later stage - On a party satisfying the Court that after exercise of due diligence that evidence was not within his knowledge or could not be produced at the time the party was leading evidence, Court may permit leading of such..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of lower Courts vitiated by non consideration of relevant evidence or by an essentially erroneous approach to the matter - Held, High Court in second appeal is not precluded from recording proper finding...........
