Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Applications to be taken up for consideration along with final hearing of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27, 28, 29 -- Additional evidence at appellate stage - Plea of fraud - Report called from Principal City Civil Judge - Appellate Court may permit additional evidence to be produced either oral or documentary, if conditions mentioned in O.41.R.27 are satisfied and thereafter procedure U.O.41.Rr.27, 28 & 29 is to be followed -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit dismissed by trial Court - Appellate Court allowing plaintiff to produce additional document and remanding case for decision afresh - Such general remand not causing prejudice to defendant who can adduce evidence in rebuttal - Order calls for no interference...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - First Appellate Court is required to comply with requirements of O.41.R.31 CPC and non-observance of these requirements lead to infirmity in judgment - High Court not complied with any of said requirements - High Court has to re-consider the matter - Matter remitted back to High Court for fresh..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 33 -- Preliminary decree for partition - Modification - Preliminary decree attained finality by drawing up of final decree which is executed - Plaintiff cannot seek modification of share granted to her in preliminary decree...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 33 -- Preliminary decree for partition - Modification - Preliminary decree can be drawn afresh or modified only before final decree is drawn up...........
Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 41, Rule 25 -- Framing of additional issues - If for any reason an issue is not raised, nothing prevents parties or their counsel from applying to Court for raising an additional issue - It is of no use if any amount of argument is advanced in appeal if a party has failed to avail this..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - Suit for permanent injunction and possession - Once title of plaintiff stood confirmed and that being a finding of fact, said finding of fact cannot be open to be assailed primarily on technical grounds as raised in terms of O.41.R.31 CPC - No material produced by appellants/defendants to..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Vague averments made in application - Application lacks material facts and particulars so as to establish that defendant has exercised due diligence in procuring documents which she wants to be taken on record as additional evidence - Even, no affidavit in support of application..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - De novo trial - First Appellate Court mechanically passed an order of remand without applying itself to fact situation of case and without appreciating fact that issue on which remand order is passed was already decided by trial Court - Order of remand not covered under provisions of O.41.Rr.23, 23-A, 25..........
