Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Not necessary for pronouncement of judgment - No illegality and infirmity in order...........
Civil Procedure Code, 1908, Order 41, Rule 3-A -- Appeal - Delay - Condonation - Application supported by affidavit of counsel that file was misplaced - No requirement of the provision that affidavit must be filed by the party - Affidavit of the person who is responsible for the delay is sufficient...........
Civil Procedure Code, 1908, Order 41, Rule 22, 23 -- Decree - Cross objections - Defendants not filed any cross objection or appeal against findings adverse to them - Can still challenge those findings while supporting the judgment and decree in their favour...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Points for determination - Non framing of - Judgment is not vitiated when first appellate Court considers entire evidence on record and discuss the same in detail and come to a conclusion supported by reasons - It amounts to substantial compliance of the provision of O.41.R.31 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 3-A -- Appeal - Delay - Condonation application - Has to be filed alongwith memo of appeal - Application for condonation of delay if filed subsequently that by itself is not sufficient cause to reject such an application - In such an event Court has to see whether applicant has disclosed sufficient cause for not filing such..........
Civil Procedure Code, 1908, Order 41, Rule 3-A -- Appeal - Delay - Condonation - Sufficient cause has to be shown for not filing appeal within limitation...........
Specific Relief Act, 1963, Section 41(h), Civil Procedure Code, 1908, Order 7, Rule 11 -- Agreement to sell - Plot transferred in favour of third party on the directions of the one of the co-vendee to the agreement, without the consent of other co-vendee - Suit for declaration with consequential relief of mandatory injuction filed by co-vendee to the agreement against..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Appeal - Dismissal for default - Restoration - Application filed within 30 days - Appellant ill and failure to inform counsel - Application dismissed on the ground that if one appellant was ill other could appear - Held, it is always in the interest of justice that matter should be adjudicated on merits - Appeal ordered to..........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- 1976 Amendement of CPC - RSA filed in the year 1981 - No substantial question of law framed - After amendment of Section 100, Section 41 of the Punjab Courts Act has become redundant and repugnant to the Central Act, has to be ignored - Second Appeal to High Court only on a substantial question..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - Two suits decreed by common judgment - Appeal against - Filed alongwith copy of decree passed in one suit only alongwith common judgment and memorandum of appeal - Copy of decree passed in other suit not filed along with memorandum of appeal - Thus, decree passed in other suit had become final between parties -..........
