Showing : 31-40 of 72 Results

UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate Stage - Board of Revenue without assigning any reason to explain the delay in filing the documents and considering why documents are necessary for proper disposal of case, allowed the application for additional evidence - Applicability of O.41.R.27 CPC to the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Non deciding of application filed U.O.41.R.27 CPC - Impugned order set aside - Appellate authority to decide appeal along with application U.O.41.R.27 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25-- Remand of case - Validity - Appellate Court remanded case to trial Court without reversing findings recorded by trial Court on issues framed by trial Court and without finding retrial necessary - Appellate Court also failed to frame any issue which according to it, trial Court had failed to frame..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Even if the petitioner had mentioned in his pleadings before the Trial Court about the said evidence but the same was not produced at the stage of evidence, the same could not be allowed to be brought on record at the appellate stage by moving application..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Ejectment - Appeal - Additional evidence - Appellate Authority allowed application filed by landlady U.O.41.R.27 CPC for examination of her son as witness - Validity - Appellate Authority itself observed in impugned order that landlady had projected need of her son who was stated to be not keeping..........
PATNA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 27-- Partition suit - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - Clear admission made by plaintiff and their heir in sale deeds executed during pendency of appeal to effect that there had been partition between three brothers..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence - Dismissal of main appeal on merits without deciding application for additional evidence - Legality of - Held, parties have a statutory right to lead additional evidence and Ist Appellate Court has power to allow such additional evidence, inter alia, for any other substantial..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence - Appeal - There was no evidence in support of the pleading - No issue was framed - Point was never raised in Court below - Documents sought to be produced as additional evidence after more than 39 years - None of the circumstances mentioned U.O.41.R.27 is applicable - Held,..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - A party cannot seek to lead evidence at appellate stage as per his own convenience and choice but the same is governed by the provisions as provided U.O.41.R.27 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Can be allowed enabling it to pronounce judgment - Appellate Court cannot allow additional evidence where even without such evidence it can pronounce judgment in the case - Provision of O.41.R.27 CPC does not entitle the appellate Court to let in fresh..........

Showing : 31-40 of 72 Results