Civil Procedure Code, 1908, Order 18, Rule 2, Evidence Act, 1872, Section 3, 5 -- Evidence contrary to pleadings - When what is pleaded is not proved, or what is stated in evidence is contrary to pleadings, the dictum that no amount of evidence, contrary to pleadings, howsoever cogent, can be relied on, will apply...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - At appellate stage - Purpose of appointing Commission is not to fill in lacuna or to find out some evidence in favour of one or the other party at any stage - Court can appoint Commission of its own or on an application of a party when Court is of opinion that such Commission is necessary to help it..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Perverse findings of fact - Interference with - Held, though, essential requirement for entertaining second appeal is involvement of substantial question of law, High Court while exercising its jurisdiction u/s 100 of CPC can interfere with findings of fact, if such findings recorded by trial Court are either not..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Can be allowed even at the stage of arguments...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents coming from the custody of authorities either judicial or quasi judicial allowed to be produced on record, by way of additional evidence, even at the stage of arguments...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Section , Order 13, Rule 4 -- Material document - Not produced before settlement of issues - Discovered later on - Can be placed on record with leave of the Court - However, such document marked exhibit without leave of the Court - Held, said document is not admissible in evidence...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Proof of - There is nothing on record to suggest that any member of the public had any say with regard to the management of Dharmshala or that any public member had ever participated in the management of Dharmshala - Courts below came to the conclusion that suit property was a public trust without any..........
Civil Procedure Code, 1908, Section 151, 153, 115 -- Auction sale - Sale proclamation schedule - Failure to specifically mention building - Effect of - No evidence was adduced by revision petitioner to prove value of building at the time of attachment or sale - Available records would indicate that house was also attached and property having same valuation as per..........
Civil Procedure Code, 1908, Order 22, Rule 3, Evidence Act, 1872, Section 108 -- L.R's - Substitution - Appellant missing since 22.5.1993 and not found for seven years - Civil death thus occurred on 21.5.2000 - Substitution applciaotn filed within 90 days of 21.5.2000 - Application, held, within time...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Sought on ground that no cause of action has arisen in favour of plaintiff - Partition suit instituted by son during life time of his father is not maintainable - Suit property cannot be partitioned in view of the Hindu Succession Act and plaint is liable to be rejected - Held, it is during course of..........
