Comments Off on Additional evidence at appellate stage—Moving of an application under Section 151 CPC would also not prevent a court from exercising its power under Order 41 Rule 27 CPC in the interest of justice.
Comments Off on Criminal Procedure Code, 1973, S.311–Recalling of witness-The witnesses cannot be recalled and re-examined to fill up the lacuna—A lacuna in the prosecution must be understood as the inherent weakness and cannot be filled up by the prosecution/complainant.
Comments Off on Defendant had no occasion to lead any evidence to rebut the additional evidence led by plaintiffs—Defendants held entitled to lead their additional evidence in order to rebut the evidence led by plaintiffs.
Comments Off on Additional evidence at appellant stage—If appellant court records finding that trial court has not framed issues properly and clearly then appellant court is empowered under O.41 R.25 CPC to re frame the issues and allow the parties to lead evidence and then dispose of appeal accordingly,
Comments Off on Civil Procedure Code, 1908, S.151 & S.115–Revision–Additional Evidence-Some photographs along with newspaper of that date-Said additional evidence was in knowledge of plaintiff right from day one
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.