Civil Procedure Code, 1908, Section 151, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Appellant was not present on the date when case was called, therefore appellate Court dismissed the appeal - However, in a case on a particular fixed date of hearing, if appellant or his counsel do not appear then also Court committed error in dismissing the case..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-consideration, failure or mis-appreciation of an issue may not be a ground to order remand of case, when evidence on record is sufficient for determination of issue by appellate Court. `(Para 4)..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Remand of a case either to fill lacuna in evidence or in the case set up or failure to adduce evidence cannot be a ground of remand, when dispute was within knowledge of parties and proceeded or defended suit with that knowledge - But, when there is denial of sufficient opportunity to adduce evidence resulting..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Latches, inadvertence, negligence cannot be grounds to allow an unsuccessful party before trial Court to lead evidence at appellate stage...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by plaintiff were already on record but could not be exhibited due to inadvertence and by oversight - Plaintiff cannot claim that those documents were not within her knowledge - Rather, it appears that same could not be filed due to latches on her part..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - When order of remand is to be passed, first appellate Court is expected to give reasons which support the order of remand...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit - When first appellate Court had come to a conclusion that matter needs to be remanded, it was not proper on part of first appellate Court to express an opinion on merits - When order of remand is to be passed, first appellate Court is expected to give reasons which support the order of remand -..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Matters finally disposed of by order of remand cannot, any of them, be re-opened when case comes back before High Court in second round from first appellate Court - But if at the time of remand, no final decision is given on a point, though some observations only are..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - When an appellate Court remands the case for further inquiry, lower Court has to act within the limits of remand order - It cannot reopen the finding of appellate Court, if does so, it exceeds the limits of its jurisdiction...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To examine an attesting witness of Will - Petitioner had been working on the witness over a long period of time to depose in his favour - Petitioner had full liberty to produce the witness and get him examined before trial Court - Time to tutor a witness cannot be granted - Dismissal..........