Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - defendant cannot challenge in appeal filed by plaintiff the finding of trial Court that plaintiff had title to suit property without filing cross objections...........
Civil Procedure Code, 1908, Order 41, Rule 14 -- Appeal - Notice - Party remaining ex parte in suit - Cannot be dispensed with - However, failure to serve notice on such party is of no consequence when such party has no interest in the suit property and was neither a necessary nor a proper party to suit...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal - It is not the right of the parties to lead additional evidence before the appellate Court - However, the Court has the power to allow the parties to lead additional evidence if the proposed additional evidence inspite of exercise of due diligence was not within the knowledge of the appellant..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal - Proposed additional evidence was in nature of documentary evidence and per se admissible - Proper course open to Appellate Court was to allow appellant to produce evidence and to exhibit it by giving a chance to defendant-appellant to rebut the same by leading oral or documentary evidence -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal in a suit by minor for declaration that sale - deed executed by father of plaintiff not binding as property sold was ancestral - Issue whether property in question ancestral disputed by defendant - Proposed additional evidence in the nature of documentary evidence and per se admissible - Proper..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Appellate Court should decide application alongwith appeal itself and not earlier to that...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - The Appellate Court has the power to allow additional evidence not only if it requires such evidence to enable it to pronounce judgment, but also for any other substantial cause...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Before order of remand can be passed - Court has to consider and set aside findings given by Court below - Order 41 Rule 23 does not authorise Appellate Court to reverse decree as a matter of course whenever the Court thinks that on some issues re - trial is considered to be necessary - Before the decree as such can be..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Evidence which is sought to be produced before the appellate Court must be shown to be in existence and must be shown to be relevant and admissible - Unless any evidence is in existence and shown to be relevant and admissible the power U.O.41.R.27 cannot be exercised - This rule does not empower the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Document not produced with the application - Document alleged to be in the file of Municipal Council moved for seeking permission for construction - File containing the said document not traceable in the record room of the Municipal Council and as such certified copies of the document not supplied to..........
