Civil Procedure Code, 1908, Order 41, Rule 27 -- Allowing additional evidence when no plea or issue on a particular question - Not permissible...........
Civil Procedure Code, 1908, Order 41, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 8 -- Plaintiff 22 in number - Revision filed against 21 plaintiffs - Suit filed in representative capacity - Held, if one of the plaintiffs through inadvertence or otherwise is left out, no prejudice is going to be caused to anyone and it cannot be said that the appeal was bad for..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Principles - (1) Cross objection is like an appeal - It has all the trappings of an appeal- It is filed in the form of memorandum and the provisions of Rule 1 of Order 41 of the Code, so far as these relate to the form and contents of the memorandum of appeal apply to cross-objection as well; (2) Court fee..........
Civil Procedure Code, 1908, Order 41, Rule 1(3), 5(5) -- Money decree - Appeal against - Compliance with O.41.R.1(3) as to depositing decretal amount or furnishing security before filing appeal - Not a condition precedent...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - High Court should not ordinarily remand a case U.O.41.R.23 CPC merely because it considers that the reasoning of the lower Court in some respect was wrong - When the material is available before the High Court, it should itself decide the appeal one way or other...........
Civil Procedure Code, 1908, Order 13, Rule 2(1)(2), Civil Procedure Code, 1908, Order 41, Rule 27(1)(a) -- Documentary evidence after issues - Where a Court has doubt about relevancy and admissibility of a document and its decision is subject to an appeal then such document is to be received in evidence and its relevancy, admissibility and reliability is to be discussed by..........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 41(b) -- Cheques issued - Payment stopped - Cheques dishonoured - Complaint u/s 138 Negotiable Instruments Act filed - Thereafter suit filed for declaration and injunction and the reliefs claimed in suit are in substance for an injunction restraining the defendant from prosecuting the criminal..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand by appellate Court - Amendment of written statement allowed, additional issues framed and evidence recorded by appellate Court - Remand on the ground that right of appeal would be lost - Remand on such ground is not justified - Order of remand set aside directing decision of appeal on merits...........
Civil Procedure Code, 1908, Order 41, Rule 24, 23A, 23, 25 -- During pendency of appeal amendment of written statement allowed, additional issues framed and entire evidence of the parties recorded - Once the evidence is there on record sufficient to enable Appellate Court to pronounce judgment - No question of remanding case to trial Court - Merely on the ground that right..........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Appeal - Appellant when absent - Appellate Court has no jurisdiction to dismiss the appeal on merits - It can either adjourn the appeal or dismiss it in default so that the appellant or his counsel gets an opportunity to show that his absence or that of his counsel was for sufficient cause...........
