Civil Procedure Code, 1908, Section 151 -- Additional evidence - One of reasons for permitting additional evidence to be brought on record is that same should be relevant and material for determining of issues - In the absence of same not being on record, relevance thereof cannot be determined - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff closed his initial evidence - There is no statement of plaintiff closing his evidence - Plaintiff in rebuttal evidence was allowed to examine handwriting expert - Plaintiff got receipt examined from handwriting expert - Now he is required to prove the same - Such evidence could be..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, 10 -- Rejection of plaint - Application partly allowed and plaint ordered to be returned - Plaint was reinstituted with the same facts and no new facts were introduced - An application u/s 151 CPC was filed for taking and admitting the same plaint alongwith certain invoices, bills, vouchers etc. showing conferring..........
Civil Procedure Code, 1908, Section 151 -- Application u/s 151 CPC - Plaint without specific averments about cause of action, cannot be allowed to be maintained on basis of any application submitted u/s 151 CPC...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Application filed by defendant to place on record family settlement - However, there is no reference of said family settlement in written statement - Parties had already closed their evidence at the time of filing of application - Even, part arguments had already been heard -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 3 -- Interim injunction - Arbitration proceedings - Appellants attempted to encash bank guarantee furnished by respondent - If appellants were permitted to invoke bank guarantee, prayer made in S.9 of Arbitration and Conciliation Act, arbitration petition would likely become infructuous - Interim order restraining..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit - Notice to defendant - It is necessary for Court to issue notice to defendants when application is filed for restoration of suit and after hearing them to pass necessary orders on application for restoration petition...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Lack of legal knowledge constitutes no ground for permitting 2additional evidence when trial is at stage of rebuttal evidence and arguments...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Application filed by defendant after closing of his evidence in affirmative and when matter was fixed for rebuttal evidence and arguments - Documents now sought to be produced by defendant pertain to years 2001 and 2011 - Defendants were in knowledge of said documents, however, have chosen not to produce the..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Document sought is not a new document without there being any pleading with regard to the same in written statement - There is factual foundation for document sought to be received and a photocopy of said document was also filed along with written statement - Proposed document is..........
