Civil Procedure Code, 1908, Order 26, Rule 9 -- Evidence - Recording on commission - Inability of witness to attend court - Medical certificate not produced to substantiate inability - Plea cannot be disbelieved on that ground - Court by appointing Commissioner to record evidence, even in absence of medical certificate in support thereof has not committed any illegality -..........
Civil Procedure Code, 1908, Section 96 -- Appellate court - Affirmation of findings of trial court - Appellate court after considering findings recorded by trial court affirmed findings recorded by trial court - Challenge on ground that appellate court has not re-appreciated entire evidence before affirming trial court findings - Held, for affirming findings it was not..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Main appeal decided without deciding the application for addtional evidence - Inherent irregularity and patent illegality - Impugned order set aside - Matter remitted for decision afresh - Appellate Authority to decide..........
Civil Procedure Code, 1908, Section 11 -- Rent receipts produced in eviction petition - Failure to prove rent receipts - Civil suit for recovery of rent paid in excess - Held, even if the plaintiff has not produced any evidence to prove the receipts before Rent Controller, such receipts can be examined by Civil Court independent of the findings recorded by the Rent..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Main appeal decided without deciding the application - Inherent irregularity and patent illegality - Impugned order set aside - Matter remitted for decision afresh - Appellate Authority to decide the applciaotn for..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Will - Required to be proved by co-defendant, vendor - Prayer to prove the same in appeal - Appellant cannot be penalized for the default committed by vendor in not leading relevant evidence in support of the Will - If appellant is allowed to lead additional evidence, lis between the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9 -- Eviction petition - Dismissal in default - Restoration - Dismissal of application on ground of negligence and carelessness cannot be decided without affording an opportunity to lead evidence - Restoration application be decided after affording an opportunity to parties..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Duty of first appellate Court - Held, first appellate Court is duty bound to make a critical analysis of the case before it and cannot mechanically record, affirm or reject the findings of trial Court - It is duty bound to discuss merits of contentions raised by appellant and to deal with all issues of fact and law - In..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non framing of specific issue - Does not render the judgment invalid when Court answers the controversy between the parties by recording cogent reasons by considering the entire evidence on record...........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction petition - Objections that execution petition is not filed within limitation - Execution petition was earlier filed which was dismissed in default - Execution Court dismissed the objection petition without deciding whether execution petition is filed within time and whether present execution petition is in..........
