Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence in the form of secondary evidence - Application filed at the stage when case fixed for rebuttal evidence and arguments - To produce certified copies of sale deeds by examining Registration Clerk from office of Sub-Registrar - According to plaintiff original sale deeds could not be produced as these were..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Will - One of the two attesting witnesses dead - Many opportunities granted to examine the attesting witness who was alive and on failure evidence closed by order - Defendants also availed many opportunities to examine the attesting witness who was alive and on failure their evidence also closed by..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Examination of expert in rebuttal evidence - One attesting witness examined by plaintiff - Second attesting witness appeared as a witness of the defendant and denied his signatures on the attestation of the document - Plaintiff wanted the signature of the second attesting witness to be examined by a..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Plaintiff produced documents in rebuttal evidence - Defendant allowed to produce additional evidence...........
Civil Procedure Code, 1908, Order 18, Rule 2(4), 3 -- Permission to produce Expert in rebuttal evidence - Parties at issue with regard to validity of Will, very right of testator to execute Will as also execution and writing of Will disputed - No substantial injustice to defendant if Expert is permitted to be examined - Evidence of Expert may not be considered as evidence..........
Civil Procedure Code, 1908, Order 18, Rule 2(4), 3, 17A -- Rules of Order 18 regulating leading of additional evidence, rebuttal evidence and power of Court to summon evidence at any stage - Must be construed and read in conjunction with each other - Procedural law should be construed liberally to achieve ends of justice rather than to scuffle parties rights at the trial..........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence when case fixed for rebuttal evidence - Parties at issue with regard to decree in previous suit - Plaintiff basing his claim on written statement filed in previous suit where his right was accepted - Not trying to establish a case not pleaded - Would cause no prejudice if plaintiff permitted to lead..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Documents of the Bank to prove the amount due for recovery of loan and authority of the Manager to file suit already on record but not exhibited inadvertently, by mistake or negligence - Mere negligence of a party cannot be made a ground to defeat the cause of justice particularly when the other party..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - A party cannot be denied the right to examine any witness on the mere ground that this evidence could have been produced at the time of leading affirmative evidence or when he had right to lead rebuttal evidence - It is also no ground to reject such a petition on a blanket rule that since this..........
Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence -Whenever allowed the other party has a right to claim opportunity for its rebuttal...........
