Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Additional evidence sought after preliminary decree was passed declaring 1/3rd share of plaintiff and proceedings were initiated for preparation of final decree - Documents sought to be filed by defendant as additional evidence are irrelevant in view of facts that..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of irrelevant document - If at any stage Court finds that additional document in the shape of evidence produced with the leave of Court is not relevant or is in admissible in evidence then Court is empowered to reject such evidence in terms of O.13.R.3 CPC...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage when case was fixed for arguments - Video and audiographic conversation between the parties sought to be produced which took place after closure of evidence - Manuscript of conversation also produced - Additional evidence sought would be relevant for just adjudication of the case and falls..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Hand writing and finger print expert - Document forming foundation of case and propounded by plaintiff was to be proved by him - However while framing issues, onus was placed on defendant to prove that document was forged and fabricated - When onus of proving issue was on defendant, plaintiff..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence sought to be produced substantive and core evidence without which not only the plaintiff but even Court would remain handicapped in adjudicating the matter competently, effectively and wholesomely - Additional evidence allowed - Defendant would have right to produce any other evidence in repudiation..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Amendment sought for clarification and for additional evidence to prove the same - It become necessary to make clarification by way of amendment so that it may commensurate with evidence already available on record coming from custody of revenue department and cannot be..........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence at appellate stage - Can be allowed when Court comes to a definite conclusion that it is really necessary to accept the documents as additional evidence to enable it to pronounce the judgment...........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence at appellate stage - Documents sought to be produced are bank accounts which really are not clinching to put the controversy - Order allowing additional evidence, set aside...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness for further cross examination - (1) Power of Court is discretionary power which should be used sparingly in appropriate cases (2) Power should be exercised to clarify any doubt it may have in regard to the evidence led by the parties (3) Discretion not to be exercised to allow a party to fill..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding application for additional evidence - Held, appellate Court has committed a serious error...........
