Showing : 41-50 of 72 Results

MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Addition evidence - Power of Appellate Court - Plaintiff has omitted to mark the documents before trial court and the same was accepted as additional evidence by the lower appellate court - No reasons have been recorded before admitting evidence U.O.41.R.27 CPC - Held, it cannot be said that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Application not decided by first appellate Court - Held, it was incumbent on first Appellate Court to have decided the application filed U.O.41.R.27 CPC along with the main appeal - Case remanded back to first Appellate Court for deciding the same afresh..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Appeal - Production of additional evidence - Application for - Separate disposal of - Legality - Held, application for additional evidence has to be considered along with appeal itself inasmuch as only at that time lower appellate Court would be able to be appreciate the relevancy of evidence..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Appeal - Production of additional evidence - Permissibility of - Petitioners utterly failed to establish that in spite of exercise of due diligence, documents sought to be produced as additional evidence were not within their knowledge or they could not, after exercise of due diligence, produce..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Appeal - Production of additional evidence - Application for - Adjudication of - Appellate Court separately heard the application filed U.O.41.R.27 CPC on merits and dismissed the same - Legality of - Held, usually the application filed U.O.41.R.27 CPC should be adjudicated along with appeal..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 100, 107, 108, Order 41, Rule 27-- Appeal against appellate decree - Powers of appellate court - Held, in an appeal against appellate decree, appellate court has all powers of O.41.R.27 CPC - In present appeal, application U.O.41.R.27 CPC, filed by appellants in lower appellate court can be considered...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - An application U.O.41.R.27 CPC should be considered by evaluating and weighing the facts in their totality to see as to whether evidence sought to be produced is necessary for proper adjudication of the matter...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Must be in accordance with the ingredients prescribed U.O.41.R.27 CPC - Documents sought to be produced by way of additional evidence - No explanation for not producing same before trial Court - Application dismissed...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Parties to the lis are not entitled to produce additional evidence as a matter of course or routine unless they satisfy the test mentioned in O.41.R.27 CPC - Document sought to be produced on record did not satisfy the test laid down U.O.41.R.27 CPC for..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Appeal decided without deciding the application for additional evidence - Impugned judgment set aside - Matter remanded - Appeal to be decided after deciding application U.O.41.R.27 in the first instance...........

Showing : 41-50 of 72 Results