Civil Procedure Code, 1908, Section 151 -- Additional evidence - Comparison of thumb impression of testator on Will with thumb impressions on mortgage deed - Expert evidence by way of additional evidence cannot be allowed at this stage, as such type of evidence was required to be led in affirmative - Even otherwise, evidence cannot be permitted as alleged thumb impression..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of deceased plaintiff at the stage when suit was fixed for final arguments - Proposed amendment is subsequent event and is essential in order to avoid multiplicity of proceedings inter se parties - Amendment is not destructive to original pleadings - No prejudice is caused to..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Prayer for leading evidence in rebuttal declined - Additional evidence cannot be allowed...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Additional and rebuttal evidence - Difference - Additional evidence is with respect of a fact which was not within the knowledge or same could not be known by party despite due diligence - Whereas, in rebuttal evidence right is with respect to an issue which was already within the knowledge of party and party had..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of handwriting expert to rebut the report of expert examined in defence - Plaintiff had knowledge of stand of defendant from the very inception - Having failed to lead its evidence in affirmative and in rebuttal, plaintiff cannot be allowed to rebut the defence evidence by way of additional..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Certified copies of plaints - Filing of certified copy of plaints of two cases instituted by landlord would have no effect on his rights, so as to cause prejudice to him except for the fact that it may delay the proceedings - Interest of justice would be sub-served if petitioners are allowed to file the said..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - Court has power to grant police aid before ad-interim injunction order is made absolute...........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - Issuance of notice to opposite party - Advocate reported no instructions on behalf of his clients - If no instructions was without justifiable cause, party can proceed against advocate for loss he sustained..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - In the fitness of things two suits ordered to be consolidated and making the previously instituted suit as the leading one...........
Civil Procedure Code, 1908, Section 148, 151, Order 7, Rule 11 -- Deficient court fee - Extension of time to pay - Court can extend time when plaintiffs fails to pay deficient court fee within time granted...........
