Law: Civil Procedure Code (V of 1908)

Section: 2,3

(a) Civil Procedure Code (V of 1908)--- ----O.XIII, Rr.2 & 3---Documents, admissibility of---Objections---Categories---Admissibility of documents in evidence may be classified in two categories; (i) objection regarding permissibility of production of document on the basis that the same is patently inadmissible due to certain reasons and (ii) objection does not dispute admissibility on the ground of its existence but the same is in respect of mode of its production or proof alleging though document is irregular or insufficient due to some deficiency within the document---In the first category, merely because a document has been marked as 'an exhibit' without disputing it at the time of production, an objection regarding its admissibility is not excluded and the same is available even at the appellate stage; for second category entering any objection at appellate stage cannot be entertained and the same is against the rule of fair play as well as the jurisprudence of evidence--- If objection regarding admissibility of such documents was placed at appropriate point of time, the opposing party might have an opportunity to cure such inadmissibility or may be able to reason out about the deficiency pointed out in the objection. (b) Civil Procedure Code (V of 1908)--- ----O.VII, R.2---Suit for recovery of money---Proof---Plaintiff entered into an agreement with defendants for supplying certain construction machineries on agreed monthly rent---Plaintiff sought recovery of alleged outstanding rent as well as certain damages---Single Judge of High Court dismissed suit filed by plaintiff---Validity---Plaintiff admitted returning of equipment permanently in his legal notice---Plaintiff had repeatedly relied upon legal notice which was served upon defendants on his behalf and was produced during his evidence---Legal notice was silent about the figure claimed by plaintiff in his plaint---Plaintiff did not prefer any claim regarding amount in question and also it was not clarified as to how the amount was calculated---Plaintiff failed to establish amount as due in respect of the contract for supply of plants and machineries to defendants---Judgment and decree passed by…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492