Civil Procedure Code, 1908, Section 96 -- Judgment of first Appellate Court - Findings recorded in favour of defendants by first appellate Court in absence of plea in written statement or evidence in support thereof is erroneous and held, set aside...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Sought at the stage of final arguments - Documents sought not referred in written statement, list of documents and affidavits filed by defendant - Evidence of defendant is already over - If application of defendant is allowed, then matter has to go back to the stage of leading of defendant's..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence in rebuttal - Dismissal of application - Without making any comment whatsoever on either merits of controversy between the parties, or even with regard whether the document is a genuine or forged/fabricated document or has been obtained by fraud, which is a matter left to be decided by trial Court on..........
Civil Procedure Code, 1908, Order 9, Rule 13, 6(a), Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Defendant proceeded ex parte on the date when case was fixed for recording defendants' evidence - It was a case where defendants did not lead any evidence - However, plaintiff was present and had led his evidence - Trial Court proceeded to..........
Civil Procedure Code, 1908, Section 144, Order 19, Rule 2 -- Affidavit filed in support of application for restitution of property - Can be treated as evidence for purpose of O.19.R.2 CPC to cross-examine deponent of affidavit, as application for restitution u/s 144 CPC is substantive application and adjudication by a Court u/s 144 CPC is a decree, which can only passed..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Application for bringing on record sale deeds by way of additional evidence at stage of final arguments declined - Defendants were aware of sale deeds and failed to place on record - Such a lacuna cannot be permitted to be filled up - Even if documents sought to be placed on record by way of additional..........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 101 -- Ex parte decree - Setting aside - Service of summons - Defendant denied service of summons - Burden to prove service of summons is on the person who asserts that defendant was served with summons - There is no proof of service of summons when merely certified copy of bailiff report is produced..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Original Will could not be produced before trial Court, as same was in the custody of Tehsildar - Reasoning of trial Court proceeds mainly on the basis of original Will not being produced and therefore, signature of testator could not be compared or authenticated - Original Will was..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 1 -- Examination of witness by Local Commissioner - Sick person - Certain medical prescriptions were laid before Court by petitioner regarding his ailment, which reflect about range of motion of limbs - Range of movement by itself cannot be construed to be an ailment disabling petitioner not to attend Court -..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Res judicata - Trial Court rejected plaint without proper pleadings, framing of an issue of limitation and taking of evidence - Question of limitation and res judicata is mixed question of law and fact, which may require not only examination of plaint but also other evidence - More so,..........
