Civil Procedure Code, 1908, Section 100 -- Second appeal - Divergent findings on fact - When divergent findings on fact were available before High Court in an appeal u/s 100 CPC though reappreciation of evidence was not permissible, except when it is perverse, but it was certainly open for High Court to take note of case pleaded, evidence tendered, as also findings..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Merely because High Court refers to certain factual aspects in the case to raise and conduct on question of law, same does not mean that factual aspect and evidence has been reappreciated...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To examine an attesting witness of Will - Petitioner had been working on the witness over a long period of time to depose in his favour - Petitioner had full liberty to produce the witness and get him examined before trial Court - Time to tutor a witness cannot be granted - Dismissal..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Proceedings U.O.41.R.27 CPC are not intended to enable parties to supply evidentiary defects at appellate stage as an afterthought...........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession as well as damages and mesne profit - Possession of suit property was received by defendant in pursuance of a warrant of possession issued by trial Court - Issue regarding quantum of compensation is inter-linked with the fact as to when possession was with original plaintiff and when it reverted back to..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Defendant admitted his signatures on pronote and receipt - Plea that signatures were obtained fraudulently - No evidence on record to indicate perpetuation of any fraud and misrepresentation - Decretal of suit calls for no interference...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Consideration - DW1 stated that he was present at the time of execution of pronote and receipt but consideration amount was never handed over in his presence - DW1 is nephew of defendant - Admittedly nether pronote nor receipt bear signature of DW1 - In fact DW1 in his cross examination admitted that he was not..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issuance of Commission - Commissioner appointed before filing of written statement - Defendant disputed the identity of property in written statement - No prejudice will be caused to the defendant, in the re-issuance of Commission - Report of Commissioner may be of use to decide the issue in the suit and to avoid lengthy..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Judgment of High Court was sought on record by way of additional evidence by defendants, which was not part of record in civil Court - No prejudice is thus, caused to plaintiff by said judgment being permitted to be adduced as additional evidence - Application rightly allowed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Earlier loan of Rs.40,000/- - Plea that cheque issued was one issued as security in the discharge of that liability and such cheque was misused by complainant to make it appear that there was a subsequent transaction - Accused successfully rebutted the presumption -..........
