Comments Off on Civil Procedure Code, 1908, O.18 R.17–Additional evidence-Failure of the petitioners to lead that evidence in affirmative cannot be allowed to enure to benefit of the respondent as technicalities or procedural delay cannot be allowed to stand in the way of substantial justice
Comments Off on Civil Procedure Code, 1908, S.151–Additional Evidence-Neither the petitioner reserved his right to lead evidence in rebuttal as per Order 18 Rule 3 CPC nor he could make out a special case, which may entitle him to lead additional evidence at this stage-
Comments Off on Additional Evidence at Appellant Stage—Having impleaded the appellants as parties in the first appeal, in terms of Order 41 Rule 27, the High Court ought to have afforded an opportunity to the appellants to adduce oral and documentary evidence and make their submissions.
Comments Off on Additional Evidence—In case the Court comes to the conclusion that additional documents are necessary for just decision of the case even before pronouncement of the judgment then also the additional evidence can be allowed by the Courts.
Comments Off on Additional evidence at appellate stage—Appellate Court without deciding the question of relevancy or irrelevancy of the additional evidence cannot decide the application without considering merits of the appeal.
Comments Off on First Appeal—Dismissal in limine—High Court should not dismiss the appeal in limine but in the first instance should have admitted the appeal and then decided finally after serving notice of the appeal on the respondents.