Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading and proof - Plaintiff can prove his case even on the basis of admission by defendant in his pleading, oral evidence or by documents produced by him which in fact may support plaintiff...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Commissioner - Appointment - Construction in violation of sanctioned plan and that Municipal Corporation is not taking any action - Appointment of Commissioner to note down physical features of building under construction - Appointment of Commissioner cannot be said to collect evidence for the party - Commissioner's report..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Pleadings - Striking out - Allegations in written statement if permitted to remain as part of written statement the same will permit evidence to be recorded which will be wholly irrelevant - Order striking out such pleading, upheld...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - If evidence available on record is not sufficient to decide the dispute in one way or the other and some more evidence is required, then in such cases clause (b) of Sub-rule 1 is to be invoked...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Loan transaction - Failure to adhere with repayment schedule - Recovery suit - Agreement regarding purchase of particular machinery - Not purchased - Decree passed on appreciation of evidence - Interference not warranted...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Adducing of evidence - Opportunity of - Closing of evidence - Dismissal of suit - Plaintiff-appellant failed to adduce any evidence in support of the issue raised despite availing seven effective opportunities - Dismissal of suit by trial Court consequent thereto does not suffer from any illegality warranting interference in..........
Civil Procedure Code, 1908, Section 47, Order 7, Rule 11 -- Possession suit - Filing of by judgment debtor - Plea of encroachment by decree holder in execution proceedings - Decision requires elaborate evidence and discussion - Cannot be decided in summary manner - Needs to be decided on merits - Not to be allowed on application under order 7 rule 11 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Other view possible on reappreciation of evidence - Not amenable to interference in second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Agreement to sell - Specific performance - As per the report of Forensic Science Laboratory the stand taken by defendant-appellant with regard to not making of thumb impression on the agreement to sell found totally false - There is sufficient evidence to sustain the concurrent findings of fact with regard to..........
Stamp Act, 1899, Section 35, 36, Civil Procedure Code, 1908, Order 13, Rule 4 -- Suit for partition - Earlier partition - Document relating thereto - Such a document goes to the root of the matter and it is not pressed into service for any collateral purpose - Such a document is pressed into service to prove that there was an earlier partition and the present suit itself..........
