Civil Procedure Code, 1908, Section 151 -- Additional evidence - Once prayer for rebuttal evidence is declined the same prayer cannot be entertained in the form of additional evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Once plaintiffs led evidence on issue, onus of which was upon plaintiffs and same is disproved by defendants, then plaintiffs cannot lead other evidence to impeach credit of fact which is already disproved by defendants...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Can be allowed only when production of evidence is not previously known or cannot be produced despite due diligence by plaintiffs...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Once fact already disproved by defendants and same is not question of fact in suit, prayer for additional evidence cannot be considered, as it does not fall within the purview of additional evidence...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17, 17A -- Recalling of witness - Court has power to reopen and recall witness and permit the party to let in additional evidence - No straight jacket formula to allow or reject such application - Said power is discretionary and must be exercised judiciously - Plea that recalling of witness cannot be allowed after..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17, 17A -- Recalling of witness - An additional document is marked after conclusion of trial, after arguments on behalf of respondents and during arguments on behalf of petitioner - In such circumstances, respondents rightly, entitled to an opportunity to rebut said evidence...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - First Appellate Court committed error in disposing of application independently during pendency of appeal - Application U.O.41.R.27 CPC has to be decided along with appeal only - Impugned order set aside - Application restored...........
Civil Procedure Code, 1908, Section 151 -- Application for additional evidence was allowed - Injunction was granted only with regard to forcible interference and dispossession - Statement of building inspector recorded would not be relevant and material qua alleged breach of injunction, for, it pertained to sanctioning of site plan in respect of building - Trial Court not..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10 -- Death of defendants - Substitution of assignees - Pre-suit assignment - Assignment occurred prior to institution of suit - Pre-suit assignment or creation or devolution of interest, does not attract provision of O.22.Rr.4, 10 CPC, particularly when assignees abandoned his befitting solitary locus to defend..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10 -- Death of defendants - Substitution of assignees - Pre-suit assignment - Assignment occurred prior to institution of suit - Though assignees empowered to be arrayed as party defendants at the inception of lis, but since they enable to seek their impleadment, they abandoned/waived their rights to contest the..........
