Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at revisional stage - Application for additional evidence has to be decided at the time of final hearing of revision i.e at the stage when it is possible for Court concerned to consider the fact as to whether additional evidence is required to be taken on record to decide the case or for substantial..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay - Condonation - Delay of 26 days - Ground of ill health - No documentary evidence in support thereof - Delay is not abnormal - Delay condoned subject to payment of costs of Rs.1,000/- - Suit restored...........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence at appellate stage - Application U.O.41.R.27(b) CPC is not automatic and cannot be treated to be mere irregularity which can be cured at any point of time - Appellate Court is under obligation to consider entire evidence on record and come to an independent finding for arriving at a just decision..........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence at appellate stage - Application filed by plaintiff - Defendant entitled to get opportunity to raise his objection against adduction of additional evidence at the appellate stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Petitioner is daughter of author of the Will, therefore, she knew from the very beginning as to whether said land was ancestral or not - Evidence for declaring the Will as forged and fabricated would be entirely different from alleging that said land cannot be made a subject matter..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand of case by First Appellate Court - Trial Court not disposed of suit on preliminary issue without recording evidence and giving its decision on rest of issues - First Appellate Court instead of remanding case to trial Court decided matter on basis of evidence on record - Judgment and decree of first Appellate court set..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plea that averments in affidavits cannot be taken into account - Held, not tenable as CPC itself carves out an exception to the rule `affidavit is not evidence', by permitting certain facts to be proved by affidavit...........
Affidavit -- Law of affidavit is found in Civil Procedure Code and not in Evidence Act...........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Objection to admissibility of document on ground of non-payment or short payment of stamp duty has to be raised when document is produced before Court and sought to be marked in evidence - It is not permissible to raise such objection subsequently at appellate stage...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness to clarify as to whether she signs in English or in Hindi - No further documents be permitted to be put to witness as these documents would reopen the entire evidence - As it is Court which requires some clarification as such it will be Court who will put questions to witness recalled...........
