Civil Procedure Code, 1908, Section 107, Order 41, Rule 27 -- Additional evidence at appellate stage - Ordinarily Appellate Court would not traverse beyond the records of lower Court and would not admit additional evidence for mere asking - However, S.107 CPC is an exception to this, enabling Appellate Court to take additional evidence or to require such evidence to be..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 27 -- Additional evidence at appellate stage - Circumstances under which additional evidence can be adduced are: (i) when Court refuses to admit evidence or; (ii) when party seeking such additional evidence did not have knowledge about such evidence or could not have procured such evidence despite exercise of due..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Acquisition proceedings - Applicant by way of additional evidence sought certain documents on the issue of land user of premises i.e whether it is residential or commercial - Said documents might have a bearing on final pronouncement, thus it cannot be rejected, merely on the ground..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Deaf and dumb - Mental infirmity within the meaning of O.32.R.15 CPC is not mental disorder, insanity or mental illness but infirmity caused by physical defects like deafness or dumbness also constitute weakness of mind and renders a person incapable of protecting his interests - In such a case where the person having such..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Deaf and dumb - No specific objection raised to this effect in reply to the petition - Trial Court rightly did not conduct an enquiry - Court without holding an enquiry cannot give a finding as to unsound mind - Petition cannot be dismissed as not maintainable as not filed through next friend...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Death of plaintiff - Wife and two sons of plaintiff not substituted without any explanation - Plaintiff No.2 not legal heir or representative of deceased plaintiff - Suit abates for non substitution of L.R's - However, suit was decided on merits in presence of plaintiff No.2 - Dismissal of suit on merits..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1, 2 -- Leave to file appeal by third party - A person who is not party to a decree or order may, with the leave of Court, prefer an appeal from such decree or order if he is either bound by decree or order or is aggrieved by it or is otherwise prejudicially affected by it...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10 -- Leave to file appeal - Suit for declaration of title - Rejection of application filed by mother of petitioner for impleadment U.O.1.R.10 CPC per se not a ground to reject application for leave to file appeal - As Appellate Court has to see as to whether petitioner..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Execution of Will in favour of plaintiff deliberately not proved by him despite opportunity of hearing was given to him by trial Court - Courts below rightly held, that in absence of any evidence or proof of execution of Will it cannot be accepted as proved - In these circumstances, plaintiff cannot be permitted to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Matter relating to execution of alleged Will in favour of plaintiff was a question of fact and not question of law - Such question can be decided on basis of evidence only - No infirmity, illegality or perversity in finding of Courts below, who concurrently held, that plaintiff failed to prove the alleged Will -..........
