Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement in appeal - Plea sought to be taken that property in dispute purchased by grandfather of defendant and inherited by defendant - To prove this, document sought to be produced `Sanad' executed by Settlement Officer of Rehabilitation Department in favour of grandfather of defendant - Document..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Document sought to be produced `Sanad' an official document - No question of its being fabricated - Negligence of plaintiff in not producing it earlier during trial of case - By itself not sufficient to decline production of document which goes to root of the case and would help in effectively deciding the controversy..........
Court Fees -- Suit for declaration seeking a decree for declaring that a document is forged, fabricated and in-effective - Relief cannot be granted unless the Court holds that the document is liable to be cancelled - Held, cancellation of document would be the basis and main relief - Ad-valorem Court fee is payable...........
Court -- fees Act, Section 7(iv) (c) and Article 1 of Schedule I - Suit for declaration that document is forged, fabricated and ineffective - Relief in law cannot be granted unless Court holds that document is liable to be cancelled - Cancellation of document would be basic relief which Court would have to grant even if version stated by plaintiff is established - Case not..........
Judgment -- appreciation of evidence - Plaintiff must succeed or fail on his own case - Cannot take advantage of weakness of defendant's case to get a decree - Plea that in absence of any evidence on side of defendant and more so when defendant's counter - claim dismissed, plaintiff's suit should be automatically decreed as prayed for - Not tenable - Suit for specific..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - One stray entry in the jamabandi for the year 1985-86 in favour of the plaintiff - No document to show as to how this stray entry was made in his favour - Held, plaintiff is not entitled to any injunction simply on the ground that he was not given any notice before making change in the revenue..........
Registration Act, 1908, Section 31 -- Registration of document at a place other than office of Registering Officer - Application has to be made - On special cause being shown, Registering Officer may attend at the residence of any person desiring to present a document for registration...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Fact of execution of document and its loss must be pleaded in the application - Both these essential ingredients are necessary for consideration of the application for secondary evidence...........
Evidence Act, 1872, Section 65 -- Secondary evidence - The certified copy of a document in given circumstances may be per se admissible and the applicant may be entitled to lead secondary evidence, while this may not e equally true in the case of a copy of a certified copy of the same document...........
Evidence Act, 1872, Section 65 -- Secondary evidence of a copy of a certified copy of document - Not permissible - Certified copy of a document in given circumstances may be per se admissible and applicant may be entitled to lead secondary evidence, while this may not be equally true in the case of a copy of a certified copy of the same document...........
