Showing : 1-10 of 64 Results

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...........
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..........
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...........
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...........

Showing : 1-10 of 64 Results