Civil Procedure Code, 1908, Order 41, Rule 11 -- Regular first appeal - Dismissal in limine - Reasons to be recorded therefor - Dismissal by one word cannot be in any manner justified...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal - Additional evidence - No party to the appeal has the right to lead additional evidence unless it brings his case squarely within the requisites of O.41.R.27 CPC or the appellate Court comes to the conclusion that for the just decision of the case, some additional evidence is required...........
Civil Procedure Code, 1908, Order 41, Rule 23-A -- Remand - Unless the appellate Court reaches a conclusion that findings on an issue are not sustainable and the matter requires re-trial, the case cannot be remanded without reversing the findings of the trial Court - Mere fact that the appellate Court has allowed the application U.O.6.R.17 or application U.O.18.R.17-A or..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Application not decided whereas appeal disposed of - With non disposal of application a serious prejudice is caused to the applicant - Judgment and decree of first appellate Court set aside - Case remanded to first appellate Court with direction to readmit the appeal to its original number and to..........
Civil Procedure Code, 1908, Order 41, Rule 31, 30, 23-A, 27 -- Non - disposal of application for additional evidence - Causes serious prejudice - Judgment and decree of First Appellate Court set aside - Case remanded for fresh decision of appeal on merits as well as on application - Application for additional evidence in appeal - Notice given to opposite side who also..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by way of additional evidence were available at the time when defendant led evidence - Those documents not produced at relevant time despite availability - Order rejecting application to adduce additional evidence - Is proper...........
Civil Procedure Code, 1908, Order 41, Rule 22, Court Fees Act, 1870 -- Sch.I Art.1-A (as applicable in M.P.) - Appeal - Cross objection - Assailing adverse finding on legal necessity in support of decree of dismissal of suit for specific performance - Is maintainable without payment of ad valorem Court fees...........
Civil Procedure Code, 1908, Order 41, Rule 1, Civil Procedure Code, 1908, Order 20, Rule 6-A -- Decree to be drawn up within 15 days of the pronouncement of judgment - In the event of the decree not so drawn up, clause (a) of sub-rule (2) of Rule 6A enables a party to make an appeal without filing a copy of the decree appealed against and for that purpose the last..........
Civil Procedure Code, 1908, Order 41, Rule 3 -- A-Appeal when presented after expiry of period of limitation - Unless along with the appeal application filed seeding condonation of delay - Appeal cannot have any existence - Cannot be entertained - Facts have to be alleged as to why delay occurred in filing of appeal - Where no application filed - No ground to entertain..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 5 -- Appeal - Not signed by the appellant - Vakalatnama also not attached with appeal - Appeal filed by lawyer who contested the case in the trial Court - Appeal not defective as there was no change of lawyer who by virtue of the Vakaltnama already executed is empowered to prefer an appeal or revision...........
