Civil Procedure Code, 1908, Section 100 -- Second appeal - At the stage of second appeal, re-appreciation of entire evidence as a whole to draw a different conclusion than recorded by two Courts below is not permissible, unless and until fact findings are alleged to be perverse or recorded on basis of some inadmissible piece of evidence or suffer from..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - Plaintiffs have assigned a reasonable cause that due to having talks of compromise between parties and being out of city, they could not appear for their evidence - Application for restoration was well within limitation from date of having knowledge of dismissal of..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Relevancy or sufficiency of evidence cannot be adjudged by Court at the time of filing the same, as said aspect would be decided at appropriate stage - Rejection of application for production of document on the ground that documents are not relevant and not connected with subject matter of suit,..........
Civil Procedure Code, 1908, Section 11, 12, Order 7, Rule 11 -- Rejection of plaint - Objections raised by defendant in the case are beyond the scope of O.7.R.11 CPC - Such objections are to be examined after recording evidence of parties during course of trial while deciding suit on merits - It cannot be said that defendant would suffer from any miscarriage of justice in..........
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 18, Rule 3 -- Rebuttal evidence - Request to reserve right of rebuttal evidence - If any party is desirous to produce evidence in rebuttal, if required so, then trial Court is required to allow that party to produce evidence in rebuttal in facts and circumstances of each case - Trial Court wrongly refused to reserve the right to produce..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of law and fact and where plaint discloses cause of action, it is only after framing of issues and parties after leading their evidence, issue in regard to suit being barred by limitation can be decided and plaint cannot be thrown out at..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Issue of limitation is a mixed question of law and facts and therefore, same is required to be considered after looking into the evidence that could be adduced by parties in a full dressed trial - Suit for primary relief of partition and separate possession..........
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...........
Uttar Pradesh Consolidation of Holdings Act, 1953, Section 9A(2) -- Partition - Decree for partition passed by civil Court when three brothers were alive - Share of one brother `S' who died issueless - Question as to said `S' died before or after other brother `R' was not decided by Civil Court in partition suit and it was raised only before consolidation authorities -..........
