Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal - It is not the right of the parties to lead additional evidence before the appellate Court - However, the Court has the power to allow the parties to lead additional evidence if the proposed additional evidence inspite of exercise of due diligence was not within the knowledge of the appellant..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal - Proposed additional evidence was in nature of documentary evidence and per se admissible - Proper course open to Appellate Court was to allow appellant to produce evidence and to exhibit it by giving a chance to defendant-appellant to rebut the same by leading oral or documentary evidence -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal in a suit by minor for declaration that sale - deed executed by father of plaintiff not binding as property sold was ancestral - Issue whether property in question ancestral disputed by defendant - Proposed additional evidence in the nature of documentary evidence and per se admissible - Proper..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Examination of expert in rebuttal evidence - One attesting witness examined by plaintiff - Second attesting witness appeared as a witness of the defendant and denied his signatures on the attestation of the document - Plaintiff wanted the signature of the second attesting witness to be examined by a..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Re - agitating of issue compromised through counsel - Barred both under Section 11 as also under Section 115 Evidence Act...........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Challenged as obtained by fraud and misrepresentation and that plaintiff never appeared before the Court at the time of passing of the decree and somebody else has allegedly made a statement on his behalf - Suit cannot be decided on the basis of preliminary..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Framing of substantial question is a must - Interference with finding of fact is not warranted if it involves reappreciation of evidence...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of fact - Concurrent finding of fact not to be interfered in second appeal except when finding is contrary to the facts established and thus unsustainable on the basis of evidence on record...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Appellate Court should decide application alongwith appeal itself and not earlier to that...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closing of evidence - Last opportunity granted - Even thereafter six adjournments granted and inspite of that evidence not concluded - Order of trial Court closing evidence, upheld...........
