Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Contemporaneous signatures - Application for comparison of signatures dismissed on the ground that documents containing admitted signatures were not contemporaneous documents - However, High Court has not made any observation with respect to whether document is contemporaneous or not, nor that..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Application was filed after about five opportunities were granted to parties to argue the case - Procedure cannot be misused by a party to delay adjudication of case or to fill up lacunae in the case - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Foundational documents relied upon by plaintiff i.e mortgage deed cum lease deed is neither registered nor sufficiently stamped and is therefore, inadmissible - Moreover, plaintiff attempts to secure temporary injunction in effect seeks to restrain rightful owner and purchaser from asserting rights..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - Commissioner cannot be appointed to find out whether constructions were on road or beyond sanctioned plan - Same can be proved through documents and witnesses to be examined by plaintiffs during course of trial - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents in question are all post suit documents and are all Xerox copies - Reasons accorded for production of additional evidence do not meet the requirements of O.41.R.27 CPC - Application rejected...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Reason given for not filing written statement in time is that lawyer was not well - However, no supporting documents have been brought before Court - More so, earlier applications filed to accept written statements were dismissed and court below rightly held that application is..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Partition suit - Defendant denied that plaintiff is daughter of legally wedded wife `R' of his father - Plaintiff sought to produce sale deeds said to have been purchased by mother of plaintiff - Even if documents were taken on record, same would not prove that plaintiff is daughter of `R' and father..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for marking documents and reopening of evidence of PW1 - Suit was already pending consideration for almost 15 years - PW1's evidence was recorded almost a decade back - During all this time when suit was pending before Trial Court, petitioner never thought of getting these documents marked -..........
Civil Procedure Code, 1908, Order 11, Rule 1(5) -- Production of documents - O.11.R.1(5) CPC is applicable to commercial suit only with respect to documents which were in plaintiff's power, possession, control or custody and not disclosed along with plaint - Since it is not the plaintiff's case that documents were not in their possession or control and were subsequently..........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - CDs not produced along with supplementary chargesheet - CDs were referred to in supplementary chargesheet - After the report of CFSL was received, supplementary chargesheet was filed for placing on record said report - Therefore, when CDs were sought to be produced they were not new articles - There..........
