Showing : 1-10 of 67 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Defendants filed number of applications to place on record certain documents which were not on record of trial Court - No explanation given as to why documents were not filed in trial Court - Even no application filed U.O.41.R.27 CPC for leading additional..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellant stage - Dismissal of appeal without deciding application U.O.41.R.27 CPC is not proper - Judgment and decree of first Appellate Court set aside - Matter remitted back to Appellate Court for decision afresh...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12, Civil Procedure Code, 1908, Order 41, Rule 27-- Consumer dispute - Additional evidence at appellate stage - Documents came into existence after filing of appeal before State Commission - Documents are relevant to establish the case of appellants - In absence of these documents, appellants would not be in a position to substantiate their case -..........
DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Once a witness is examined, his testimony cannot be allowed to be replaced by another set of facts in order to remove a lacuna - Witness cannot be allowed to make out a new story by twisting the facts - O.41.R.27 CPC does not contemplate a situation..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27, 23, 23A-- Additional evidence at appellate stage - Remand - High Court Committed error by allowing three applications filed U.O.41.R.27 CPC and relegated the parties before trial Court - High Court ought not to interfere with discretion exercised by First Appellate Court in dismissing said three..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27-- Additional evidence at appellate stage - First Appellate Court committed error in disposing of application independently during pendency of appeal - Application U.O.41.R.27 CPC has to be decided along with appeal only - Impugned order set aside - Application restored...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Documents sought to be produced on record were in existence during trial and were not filed during trial - Sufficient or cogent reason not assigned for not filing the same - Plaintiff cannot be permitted to fill up lacuna in his case by filing an..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at belated stage - O.41.R.27 CPC does not permit taking of additional evidence unless lower Court has wrongfully refused to admit the same or party producing additional evidence could not introduce his evidence in lower Court for the reason enumerated in O.41.R.27(aa) CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Application disposed of as infructuous on the day first appeal was dismissed - Application has to be decided alongwith the first appeal - There is thus procedural error - Matter remitted - First appellate Court to decide appeal afresh and to decide..........
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...........

Showing : 1-10 of 67 Results