Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Un-registered prior partition deed is not required for effective adjudication of controversy between parties, as same cannot be admitted in evidence - Even, averments made in affidavit filed in support of application does not satisfy ingredients enumerated under..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When the Photostat copy of document in question is already on record and plaintiff himself produced the same on record and said document is registered sale deed, genuineness of which is not in doubt, Appellate Court rightly allowed the application U.O.41.R.27 CPC...........
Stamp Act, 1899, Section 36 -- Insufficient stamped document - Question of execution or evidentiary value of document should be established apart from question of admissibility in evidence either u/s 36 of the Act or otherwise on account of deficiency of stamp...........
Evidence Act, 1872, Section 63(2) -- Secondary evidence - Photocopy of rent note - Provision of S.63(2) of Evidence Act clearly provides that copies made from the original by mechanical process are defined as secondary evidence - Therefore, resisting prayer that photocopy of a document does not fall within the definition of secondary evidence is misplaced...........
Stamp Act, 1899, Article 47A -- Deficient stamp duty - Suit for specific performance - Subject document is `house sale deed', as total sale consideration was paid - It is not an agreement of sale - Said unregistered document is inadmissible in evidence unless and until deficit stamp duty is paid - Court below thus, rightly directed plaintiff to pay deficient stamp duty and..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Document sought to be produced on record is report of handwriting expert - Once Court has dismissed the application u/s 45 of Evidence Act, Court cannot permit a document to be placed on record, which is obtained by a party, relating to same issue for which earlier prayer has been made and..........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Un-registered or unstamped document - Cannot be used even for collateral purpose and is inadmissible in evidence...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Application filed is bereft of any averment to substantiate which document in question could be said to be relevant - No evidence is permissible in absence of pleading - More so, no reason has been assigned by defendant in application of inordinate delay in seeking permission to produce..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff claimed his absolute ownership on basis of patta issued in his favour - However, patta do not support the plaintiff's case as pleaded in the plaint and cannot be taken as an absolute document of title, particularly when said patta is neither registered document nor..........
Evidence Act, 1872, Section 34 -- Entry in books of account - Regularly kept in the course of business - Unbound sheets of paper with certain entries or a particular sheet in which entry was made referring to matter in dispute, though electronically generated, cannot be substituted in place of a document as mandated u/s 34 of the Act, even when there is oral evidence in..........
