Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Non-framing of substantial question of law to examine the legality and correctness of any specific finding recorded by Courts below on the issues framed, would render those findings attaining finality for want of challenge, as no error was noticed by High Court in said findings...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Once the party, who is alive to the situation, had already led evidence, the trial Court can always render adjudication on the controversy involved on the preponderance of evidence already brought on record in the absence of the issue...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Will produced for the first time in defendant's evidence - Plaintiff did not get any chance to lead evidence on issues - Had the original Will been produced along with list of documents filed with written statement, plaintiff would have led evidence on all the issues including the one, onus of which was..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Work contract between parties - Triable issues made out by defendant for the reason that there is prima facie acknowledgment of a representative of plaintiff acknowledging over payments to plaintiff - Prima facie allegations of fraud and connivance between plaintiff and..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Issues are to be framed on the basis of assertions made by parties in the pleadings - The issues have to reflect the application of mind and the controversy involved in the suit - More so, issues are never framed placing negative onus on the party - Whichever party is asserting the particular right or fact..........
Employee's Compensation Act, 1923, Section 30, Workmen's Compensation Rules, 1924, Rule 32, 41, Civil Procedure Code, 1908, Section 114, Order 47 -- Review - Applicability of CPC - R.41 of the Workmen`s Compensation Rules does not make applicable provision of O.47 r/w S.114 CPC to the proceedings before Employee`s Compensation Commissioner although various other provisions..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Generally, an issue must be framed in affirmative, unless there is a Rule reversing onus of proof...........
Civil Procedure Code, 1908, Order 14, Rule 5(1) -- Framing of additional issues - Court may at any time before passing a decree amend issues or frame appropriate additional issues - If any new issues are framed after trial has made some progress, Court is obliged to give opportunity to both sides to adduce fresh/further evidence on such newly framed issues...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 101, 102 -- Issues - Where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his option, either produce evidence on those issues or reserve it by way of answer to the evidence produced by..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Suit filed by respondent Nos. 2 & 3 claiming the plot in question as their Bhumidhars - Judgments of both the trial Court and revisional Court have been passed without basing their conclusions on any issue - Trial Court upon finding that notice was complete and the defendant was missing should have first ordered for..........
