Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Application for restoration of appeal filed within 30 days from the date of dismissal of appeal for non-prosecution - It is appellant's first appeal against judgment and decree passed by Court below - Dispute is with regard to immovable property - Appeal restored subject to costs..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Appellate Court can remand a case against a decree of lower Court disposed of otherwise on a preliminary point if decree is reversed in appeal and retrial is considered necessary not otherwise...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit along with cancellation of sale deed - Trial Court partly decreed the suit in favour of plaintiff but refused to grant relief in respect of sale deed - However, trial Court delivered the judgment without disposal of application filed u/s 45 of Evidence Act in which plaintiff specifically pleaded that..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appellate Court to decide the appeal in accordance with mandatory procedure contained in O.41.R.31 CPC - Non compliance of it renders the judgment bad in law...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - If there is sufficient evidence on record to dispose of suit finally, there ought not to be a remand...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Wrong framing of an issue and onus and burden placed on wrong shoulders - Evidence is led by parties which they wished to lead and matter was tried before Court of first instance with parties conscious of each other's case - All evidence is there on record sufficient to dispose of suit finally - In these..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - Documents sought to be produced are relevant and essential not only for the purpose of disposal of appeal but also to adjudicate upon issues in controversy between parties - It was duly established that despite exercise of due diligence, said documents could not be produced by..........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Appeal - Non appearance of appellant - Appeal can be dismissed for non prosecution and not on merits...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Where First appellate Court has not completed or effectuate adjudication of proceedings, course adopted by First Appellate Court is illegal - Judgment of First Appellate Court set aside - Matter remanded for fresh consideration...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents in question not relevant in the case and thus, same cannot be admitted - Application dismissed...........
