Showing : 21-30 of 248 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Two important ingredients are to be fulfilled in order to invoke O.41.R.27(1)(b) CPC namely, `requires' and `for any substantial justice' - Requirement thus, must be of Court and not of any party to suit - When Court opines that without additional evidence..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - O.41.R.27 CPC cannot allow a litigant who had been unsuccessful in lower Court to patch up weak parts of his case and fill up omission in appeal...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27-- Additional evidence at appellate stage - Documents sought to be produced by defendants are plaint and order sheet of earlier suit - Said documents were well within knowledge of defendants but they did not bring the same on record by way of evidence at trial stage - Requisite condition as mentioned..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Will - Second attesting witness of Will is sought to be produced by way of additional evidence by plaintiff - One of attesting witnesses already examined and plaintiffs never made any attempt to examine second attesting witness, during course of trial which..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - No party is entitled to lead additional evidence at appellate stage as a matter of right - Additional evidence is permissible at appellate stage only in terms of U.O.41.R.27 CPC and on satisfaction of one or more of three eventualities mentioned therein...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Stage of consideration - Application U.O.41.R.27 CPC has to be considered only at the stage of final hearing preceding...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Appellate Court erred in considering application U.O.41.R.27 CPC at a stage prior to actual final hearing of appeal - Impugned order of Appellate Court set aside - Application restored for fresh consideration by Appellate Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27, Registration Act, 1908, Section 17-- Additional evidence at appellate stage - Consent decree passed which was to operate only after registration - Since decree was not registered as such permission cannot be granted to lead additional evidence...........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27(aa)-- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be considered at the time of final hearing of appeal - Court at the stage of commencement of appeal, without hearing both the parties cannot conclude whether additional evidence is required to enable Court to pronounce..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint at appellate stage - Permissibility - Proposed amendment may affect the party and will also take away effect of judgments and decree - There is also possibility of rehearing of suit inviting additional written statement as well as evidence from both sides - More so, there is no..........

Showing : 21-30 of 248 Results