Showing : 31-40 of 64 Results

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..........
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..........

Showing : 31-40 of 64 Results