Civil Procedure Code, 1908, Order 41, Rule 25, Civil Procedure Code, 1908, Order 14, Rule 1 -- Scope of appellate Court - Matter not in issue - Appellate Court cannot frame the point for the first time and answer the same - Appellate Court can frame an issue and call for a finding thereon from trial Court after recording evidence...........
Civil Procedure Code, 1908, Section 2(2), 33, Order 41, Rule 14 -- Validity of decree passed without due service - Suit for declaration challanging validity of sale deed - Trial Court dismissed suit - Before filing of appeal defendant shifted to another place - In appeal service affected by way of ordinary summons, registered post & munadi at old address of defendant -..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of operation of Judgement - Restoration of possession - Warrant of possession with stipulation regarding withdrawal, if stay granted in appeal - Possession delivered - Operation of Judgment stayed subsequently - Benefit taken under the judgment has to be restored - Decree holder directed to restore possession...........
Civil Procedure Code, 1908, Order 41,, Rule 27 -- Additional evidence - Oral family settlement subsequently reduced into writing - Plea of oral settlement taken in written statement before Trial Court - Whether oral settlement reduced in writing - Question of fact - Can be decided only after leading evidence...........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 41, Rule 5 -- Execution - Stay - Executing Court can stay execution of decree for a reasonable time only in two circumstances (i) to approach the same Court which passed the decree and to get an order of stay of operation of decree; (ii) to enable a party to file an appeal and get order of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional Evidence in Appeal - Suit for permanent injunction restraining defendent from encroaching upon any portion of suit property - Defendents by way of counter claim sought possession of suit property - Claim of defendents that 'Ganga Ram' father of plaintiff was licencee and after termination of licence, possession..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Additional evidence sought to be produced not relevant or necessary for pronouncing effective judgment - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Appellate Court to exercise its power within confines of O.41.R.23 to R.26-A and to decide case at appellate stage itself - Tendency to remand case in toto after setting aside judgment of trial Court and to direct a de novo trial is against the tenor of law - What can be done at appellate stage, need not be remanded..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - Points for determination - Non mentioning of - Does not vitiate the judgment if Court dealt with all controversies between parties and discussed them...........
Civil Procedure Code, 1908, Order 41, Rule 23-A -- Remand - While remitting the matter High Court not indicated as to what question of facts and law are required to be assessed and the circumstances upon which the High Court found itself unable to decide the matter - Plaintiff given sufficient opportunity to produce the documents and no other documents filed inspite of..........
