Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is required to be considered at the time of hearing of appeal on merits so as to find out whether documents/evidence sought to be adduced have any relevance on the issue involved...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Admissibility - True test is whether appellate Court is able to pronounce judgement on the materials before it without taking into consideration the additional evidence sought to be adduced...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of civil death of a person on the ground that he is missing for more than 7 years - Suit is maintainable and not barred u/s 34 of the Act merely because further relief was not claimed...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of subsequent purchasers - Suit for declaration of title and perpetual injunction - Registered sale deed was executed in favour of respondents in respect of suit property pending the suit - Unless evidence was led on aspect of sale transaction, no one could conclude whether said transaction is genuine or..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision enumerated U.O.8.R.1 CPC is directory and not mandatory and power of Court to provide an extension to scheduled time for filing statement is not completely taken away...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Written statement shall be filed within the period of 120 days from the day of service of summons - It is only mandatorily applied to commercial suits and not in non-commercial suits, in latter it acts as a directory provision...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Examination of son of plaintiff in her place - Evidence of plaintiff is already eschewed, thus, no other witness can give evidence in her place - However, it is open for plaintiff to examine any witness on her side including her son but not in her place...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Petitioner alleged that he entered into an unregistered agreement of sale with some third parties along with plaintiff in respect of suit property that too in violation of stay order granted against plaintiff in a pending appeal - He thus, has no vested interest in appeal scheduled property in appeal..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Obstruction petition filed by defendants u/s 47 CPC has already been struck off - Defendant is bound by decree which is confirmed by Supreme Court - Defendants filed another application U.O.21.R.97 CPC by misusing the process - Application rightly rejected - Civil Misc. Appeal thereagainst struck..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Obstruction petition filed by defendants u/s 47 CPC has already been struck off - Defendant is bound by decree which is confirmed by Supreme Court - Defendants filed another application U.O.21.R.97 CPC by misusing the process - Application rightly rejected - Civil Misc. Appeal thereagainst struck..........
