Civil Procedure Code, 1908, Section 30, Order 7, Rule 14(3) -- Production of documents - At the stage of examination-in-chief - Documents are relevant and indispensable for proving the case of plaintiff - Plaintiff had already produced photocopy of document at threshold, so defendants had due notice of the same - Merely because plaintiff did not file a formal application..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Loan transaction between parties - Agreement for sale in question was executed as a security towards full and final settlement of loan transaction - There was no transaction for agreement of sale in respect of two properties of defendant no.1 - Plaintiff fraudulently refused to..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence or additional evidence - Handwriting and finger print expert examined by plaintiff with permission of Court after closing his evidence in affirmative - Plaintiff claiming it to be rebuttal evidence and defendant claiming it to be additional evidence and thus having right to rebut the same - Said..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Evidence in rebuttal can be adduced by plaintiff only on those issues the burden to prove of which is on defendant...........
Civil Procedure Code, 1908, Section 151 -- Rebuttal to additional evidence - Once plaintiff has adduced additional evidence, defendant has right to lead evidence in rebuttal to the said additional evidence...........
Civil Procedure Code, 1908, Section 152 -- Amendment of plaint and decree to incorporate boundaries and alter the extent cannot be freely granted after decree has became final by long drawn litigation - Court should be extremely cautious in its approach since serious prejudice would be caused to defendant who is already worsened in litigation...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Probate proceedings - Issue as to caveatable interest - Preliminary issues are triable before proceedings are treated as a full fledged suit under order of judge concerned - Preliminary issue does not relate to validity or legality of Will sought to be probated but only to issue whether caveator has an..........
Civil Procedure Code, 1908, Order 7, Rule 17, Civil Procedure Code, 1908, Order 18 -- Production of Shop Books - If plaintiff sues for recovery of amount on basis of an entry in shop book or other account in his possession or power, plaintiff shall produce same at time of filing plaint along with copy of entry and Court below would mar document after comparing and..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Endorsements on documents admitted in evidence - Where Court is satisfied that documents not endorsed in manner laid down in Rule, was in fact, admitted in evidence, it shall treat documents as having been properly admitted in evidence unless no, compliance with rule has resulted in miscarriage of justice...........
Civil Procedure Code, 1908, Order 7, Rule 17, Civil Procedure Code, 1908, Order 18 -- Rokar Bahi - Instant case falls within miscarriage of justice as original of rokar bahi entries have not been proved on record in accordance with law, in essence, mere exhibition of document does not dispense with proof of same - Even respondent has failed to prove signatures of appellant..........
