Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where additional evidence sought to be adduced removes cloud of doubt over the case and evidence has a direct and important bearing on the main issue in the suit and interest of justice clearly renders it imperative that it may be allowed to be permitted on record, such application..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Allowing application U.O.41.R.27 CPC does not lead to result that additional documents/additional evidence can be straightway exhibited rather applicant not only have to prove the existence, authenticity and genuineness of said documents but also the contents thereof, in accordance..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Land acquisition proceedings - Appellant by way of additional evidence sought to bring on record the sale deeds and certified copy of judgment and award passed by Reference Court - Sale deed in question according to appellant has direct bearing on determination of fair market value of..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Court of first instance, if disposes of a suit on a preliminary point, provision of O.41.R.23 CPC enables appellate Court to remand case to Court of first instance for determination of such suit on merits...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Refusal to entertain plaint by rejecting the same on any of grounds U.O.7.R.11 CPC, is not an order disposing suit on preliminary point - Therefore, in setting aside said order and directing trial of suit on merits, appellate Court does not exercise power U.O.41.R.23 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Appeal - Absence of appellant - Appellate Court has power to decide issue of maintainability of appeal in the absence of appellant...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for permanent injunction - Documents which were sought to be produced at appellate stage were mainly public documents - Authenticity and genuineness of said documents was not in dispute - Suit for perpetual injunction is on assertion of settled possession - Hence, these documents..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 27, 28 -- Remand of case - Court having allowed application U.O.41.R.27 CPC had two options contemplated U.O.41.R.28 CPC i.e either to record evidence itself or to direct Court from whose decree appeal had been preferred to record such evidence - However, despite allowing additional evidence U.O.41.R.27, appellate..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for specific performance - Defendant by way of additional evidence sought to produce documents to show that his mother's name was not Ram Kali with whom plaintiff entered into agreement to sell - Khatauni in question sought to be adduced as additional evidence cold not be..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Title suit - Appellate Court was of view that documentary evidence with respect to partition was necessary for just disposal of case - Neither of parties have brought documentary evidence with respect to partition in family property - There was thus, no occasion for appellate Court to have remanded the case for a..........
