Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence when not in knowledge or could not be produced even after exercise of due diligence, then additional evidence should be allowed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Document sought to be produced by way of additional evidence not in knowledge of plaintiffs and came to their notice subsequently - Application filed by plaintiffs cannot be said to be filed with malafide intention - However, no reason mentioned by trial Court as to how document in question not relevant for..........
Civil Procedure Code, 1908, Section 151 -- Stay of execution proceedings during pendency of application U.O.9.R.13 CPC - Suit for possession by way of specific performance - Executing Court already ordered and got executed sale deed in favour of DH - It was thus too late in the day for JD to move the application u/s 151 CPC for staying the execution proceedings -..........
Civil Procedure Code, 1908, Section 35, 35A, 151, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application by imposing actual costs - No provision for award of actual costs as at present - Costs can be imposed in accordance with relevant provisions of CPC and High Court Rules - Unless rules of High Court are amended to provide for actual costs, the same cannot be..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 1 -- Application of defendant for production of documents by way of additional evidence dismissed by trial Court - Defendant seeking production of certified copy of jamabandi on record - Said documents being certified copies exhibited in earlier suit is per se admissible in evidence - Moreover, such documents can be..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 1 -- Production of documents - After closure of evidence by both the sides - No good cause shown to the satisfaction of Court for not filing documents on or before the statement of issues - Ignorance of plaintiff would not provide sufficient excuse for delay in making application, as S.151 CPC cannot be used for..........
Civil Procedure Code, 1908, Section 151 -- Closure of evidence by order - Witness summoned - Witness gave a note on the summon that concerned record is not available with him and is available with the other office - In such circumstances, Court ought to have given at least one opportunity to summon record from concerned office instead of closing the evidence by order...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witness for further cross-examination - Defendants sought further cross-examination of PW2 by confronting a `notarized declaration' said to be made by her - However, defendants failed to file such application at the appropriate stage - Even defendants failed to show that application is intended to..........
Civil Procedure Code, 1908, Section 35B, 151 -- Costs - Non-payment - Relaxation - Court has power for granting relaxation if, non payment of costs are due to circumstances beyond the control of the defaulting party...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Inadvertent typographical mistake - At different places in the written statement word `incorrect' is mentioned and only at one place word `correct' is mentioned, which appears to be inadvertent - Amendment, rightly allowed...........
