Motor Vehicles Act, 1988, Section 173, Civil Procedure Code, 1908, Section 96 -- Appeal filed u/s 173 of 1988 Act is akin to S.96 CPC - High Court has to appreciate the evidence and assign reasons for dismissal of appeal...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4 -- Exhibition of document - Certified copy of deposition of defendant in evidence, who deposed as PW1 in other case, sought by plaintiff on his behalf - Said certified copy is a part of record of Court, certainly there is a presumption of authenticity including its contents and basing on the proceedings before Court..........
Punjab Courts Act, 1918, Section 41, Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of second appeal is not to interfere with findings of fact on the ground that findings are erroneous, however, gross or inexcusable the error may seem to be - Findings of fact will also include the findings on the basis of documentary evidence - Jurisdiction to..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Stay beyond period provided in the lease agreement - Defendant is liable to pay mesne profits - No evidence led to measure damages that can be awarded as mesne profits - Held, plaintiff is entitled to mesne profits of 15% per annum over the last paid rent - Plaintiff is also entitled to pendente lite and future..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit u/s 31 of Specific Relief Act - Such an issue does not require any evidence and can be decided by seeing the prayer and pleadings of the suit - Impugned order to decide the issue at a future point, set aside - Matter remitted to decide application afresh...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents which defendants propose to mark are in no way connected with suit property - Such documents are irrelevant documents and not material to facts in issue in the case - Even there is no pleading in written statement regarding such documents - No reasons were substantiated by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Jamabandis - Not produced due to lapse of counsel - Party cannot be penalized for lapse of his counsel - Jamabandis required for just and fair conclusion to decide legal rights of parties - Additional evidence allowed - Appellate Court to decide appeal itself after calling the report..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Re-examination of a witness - Application filed without any reason for re-examination of a witness cannot be permitted and power to recall a witness U.O.18.R.17 CPC, ought to be used sparingly only to enable Court to clarify any doubts on evidence already led by parties and it cannot be used to fill up omissions in evidence..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 27, 23, 31 -- Additional evidence at appellate stage - Application not considered - However, appellate Court relied the Will produced under that application as additional evidence without giving an opportunity to defendant to meet the additional evidence produced by plaintiff in the appeal - Judgment and decree of..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Pleadings of relationship of landlord and tenant - Judgment of previous instituted suit in between father of plaintiff and defendant to prove relationship of landlord and tenant - Said judgment cannot be discarded by holding that pleadings with regard to said judgment not made in the plaint - Pleadings with regard..........
