Civil Procedure Code, 1908, Section 151 -- Additional evidence - Additional evidence may be permitted where it is necessary for just decision of case, even if due diligence was not shown earlier, subject to compensating opposite party with appropriate costs...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents are material for determining title and possession of disputed property - Documents are official records and rejection of application has resulted in failure to consider documents crucial for adjudication of real controversy - Documents are not voluminous nor would their production prejudice..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Additional issues can be framed at any stage of case...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Additional issues cannot be made based upon arguments without any supporting documents...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issues regarding valuation and pecuniary jurisdiction of Court - Defendants who filed written statement had not raised issue of pecuniary jurisdiction and participated in proceedings - They have not produced any documents to substantiate that classification of land is not agricultural land and..........
Civil Procedure Code, 1908, Order 11, Rule 1(10), Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of additional documents - Commercial dispute - Financial statements that defendants want to place reliance upon were not disclosed at the time of filing written statement in Oct 2022 - Explanation that audited financial statements were concluded only in Dec 2023 was..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of final arguments - Plaintiff sought to produce an excerpt (Intakhab) to prove ancestral nature of suit land - Document essential for just and proper adjudication of matter - One effective opportunity is granted to petitioner to produce the document in question subject to payment of costs of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit is at a primary stage - No new relief has been sought and only nature of suit property would be changed to some extent, but it is not the fact that there would be complete overhauling of plaint - When suit is at its initial stage and defendants have all the opportunities available to rebut the..........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Additional substantial question of law - High Court is entitled to formulate an additional substantial question of law for reasons to be recorded if High Court is of view that case involves such a question of law...........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - Law as to : (i) substantial question of law must be grounded in the parties pleadings and findings of lower Courts - Thus, it must be exercised if it is so fundamental that it goes to very root of matter; (ii) Jurisdiction to frame a new question of law is exceptional and should not..........
