The court's jurisdiction, in a case of this nature is limited. Power of court to issue commissions. Pushpaiah Naidu and others Counsel for petitioner : Sri V. The provisions of this Part relating to appeals from original decree shall, so far as may be, apply to appeals- a from appellate decrees, and b from orders made under this Code or under any special or local law in which a different procedure is not provided. No further appeal in certain cases. Execution of decrees outside India.
We are anguished to see the attitude of the Court, who passed the decree on the basis of a plaint and a Written Statement, which were filed on the same day. The aforementioned provision has been made to curtail the time taken by the court in examining a witness-in-chief. This is how the appeal has come before us. As against this, when we see the judgment of the Appellate Court, there are number of material facts in the evidence, which have been ignored by the Appellate Court. The application for permission to produce additional evidence was disallowed.
An application for amendment of the written statement was filed on 8. The Court, must, however, exercise the discretionary jurisdiction in a judicious manner. During the pendency of the said appeal, he preferred an application under Order 41 Rule 27. A may sue B and C at Benaras, where the cause of action arose. Every transferee of a decree shall hold the same subject to the equities if any which the judgment-debtor might have enforced against the original decree-holder. Learned counsel for the appellant also argued before us that the lease deed cannot be terminated in view of certain clauses contained in the lease.
Manoharan and others Counsel for the appellant: Sri Dammalapati Srinivas Counsel for respondent No. The power of the appellate Court to take additional evidence or grant permission to produce the same is found in Sec. It was only as regards the election petitions, that the Supreme Court held in categorical terms that the trial in those cases can commence even before the issues are settled. Execution of decree before ascertainment of costs. In Lala Durga Prasad and Anr. Proceeds of execution-sale to be rateably distributed among decree-holders. Jaganuadha Rao and Sri K.
In view of these facts, the present case is squarely covered by a judgment of the Supreme Court. The moment the first witness to be examined in the case entered the witness box, and the Court started recording the evidence, the trial of the suit commenced. Ultimately, it came to the conclusion that there is no contradiction between the plaint as originally presented and the facts sought to be pleaded, or the prayer, sought to be included through amendment, and allowed the I. If mere filing of affidavit is to be treated as commencement of trial, the affidavit, including the documents mentioned therein should become part of it, without any verification at all, and the Courts should not have any concern over it. The copy of said notice is annexed herewith as A-3. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen or in Delhi, where B carries on business. Taking clue from this, the respondent filed I.
On the basis of the conclusions that we have reached above, we proceed to set aside the judgment of the High Court, as well as of the Appellate Court and restore the judgment of the Trial Court. Para 14 1875-76 2 Chancery Division 686 Referred to. From this, the Learned Senior Counsel argued that the respondents herein have succeeded in perpetrating their fraud against the appellant. Statement and production of evidence:- 1 On the day fixed for the bearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove. Recording of evidence 1 In every case, the examination-in-chief of a witness shall be on affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence: Provided that where documents are filed and the parties rely upon the documents, the proof and admissibility of such documents which are filed along with affidavit shall be subject to the orders of the Court. Similar view has been expressed by Chief Justice Broadway in the case of Abdul Rahman and brothers vs. Coming to the facts of the present case, it is not in dispute that the recording of evidence has not commenced in the suit.
It was required from the petitioner also to furnish correct particulars of the earlier litigation. Amendments of Pleadings is a good law to correct mistakes in pleadings but it should be allowed with due care and diligence. What is the Power to pronounce judgment written by judge's predecessor? The respondent-landlord filed suit against the appellant-tenant for recovery of possession and mesne profits on the ground that the lease deed had expired by efflux of time and notice to that effect was sent to the appellant but the appellant failed to vacate the suit property. It is axiomatic that if the application is filed before the commencement of the trial, the party seeking the amendment is not under any obligation or necessity to explain any other fact, except that it must satisfy the trial Court on general principles, such as that the amendment does not bring any claim, barred by law, into the fold of the suit, or that it would not alter the nature of proceedings, etc. Therefore, there was no reason to bring the said Commissioner's report by way of additional evidence. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.
However, permitting to adduce additional evidence will still necessitate the respondent no. The question, therefore, which arises for consideration is as to whether the trial had commenced or not. Thus, unless the jurisdictional fact, as envisaged therein, is found to be existing, the court will have no jurisdiction at all to allow the amendment of the plaint. R-849 situated at New Rajinder Nagar, New Delhi admeasuring 200 sq. The basic questions in this appeal would be as follows: i Whether a fraud was played against the appellant herein for obtaining the decree in Civil Suit No. P-6 relates to Khasra of the year 2007 in which the land is recorded as'Charnoi'.
However if your suit and reliefs are against the third party alleged purchaser, then sec. They filed an application under Order 12 Rule 6 of the Code of Civil Procedure for passing a judgment on admission. She was also asked to say 'yes' if she was asked any question by the authorities. Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At appellate stage - Suit for permanent injunction - Amendment sought to incorporate relief of mandatory injunction - Appellate Court while adjudicating application U. Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with the law if any for the time being in force relating to the partition, or the separate possession shares, of such estates. Respondents are the sons of one Daya Ram, who was the real brother of Chander Pal. It also provides for payment of amounts to cover the expenses for summoning the witnesses.