Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Stay was granted subject to condition of payment of rent/damages - However, trial Court did not grant any damages/rent in decree - Trial Court has only ordered that plaintiff is entitled to claim damages if possession of property is not delivered pursuant to said decree by way of filing a..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Points for determination not framed - Mandatory provision of O.41.R.31 CPC not followed - Judgment of First Appellate Court set aside and matter remitted for fresh decision...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where additional evidence sought to be adduced removes cloud of doubt over the case and evidence has a direct and important bearing on the main issue in the suit, such application may be allowed - It depends upon whether appellate Court requires evidence sought to be adduced to enable..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendant in spite of due diligence could not produce these documents before trial Court - Had these documents were placed before trial Court, it would arrive at a just conclusion on main issue of plaintiff's share in suit property - Appellate Court would require this..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When contents of documents sought to be produced are not in dispute and their admissibility is also not in doubt, documents can be received in evidence without insisting on formal proof...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - It is incumbent for Appellate Court to set aside judgment and decree passed by trial Court on merits and conclude by giving adequate reason for necessity of retrial of suit...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 23A -- Remand - Court has neither set aside judgment of trial Court on merits nor it has recorded the reasons for which trial is considered necessary - Judgment of first appellate Court set aside - First appellate Court to decide the appeals afresh after hearing parties...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Suit for possession and recovery of arrears of rent - Mere fact that additional issues relate to tenability of suit or regarding ownership were not decided though framed, cannot be ground for remand, particularly when lower appellate Court could have decided the same considering law and evidence on record...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Points touching appreciation of evidence were not dealt with by trial Court, may not be proper ground for remand because first appellate Court is itself possessed of jurisdiction to enter into facts and appreciate evidence...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Mere fact that certain authorities cited and relied upon by both the parties have not been considered and dealt with by trial Court, cannot be held as sufficient ground for remand of matter...........
