Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - When law prescribes as to how jurisdiction is to be exercised and power is conferred for that purpose, it has to be exercised that way - For a second appeal to be maintainable, it has to satisfy the parameters as laid down in Section 41 of the Punjab Courts Act or Section 100 of..........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - Suit for injunction - Plaintiff claimed to be in cultivating possession - Absence of documentary evidence - Oral evidence produced being against the record produced by defendants - Suit dismissed - First appellate Court while allowing appeal held that it was plaintiff who was in..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal filed by one of the defendants alone - No cross objection filed by rest of the defendants though made party - Appellate Court is competent to pass orders in their favour also...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Merely because a document is a certified copy, it cannot be accepted unless it satisfies the requirements thereunder and without giving opportunity to the other side to contest the application...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Can be permitted only where: (1) the trial Court had refused to admit the evidence which it ought to have admitted; or (2) the evidence was not available to the party notwithstanding the exercise of due diligence; or (3) the appellate Court requires the additional evidence so as to enable it to..........
Punjab Courts Act, 1918, Section 41 -- Second appeal - Plea that plaintiff not ready and willing to perform his part of contract - Question of fact - Cannot be raised in second appeal - Civil Procedure Code, Section 100...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appellate Court - Is permitted only under three circumstances - (1) the trail Court had refused to admit the evidence though it ought to have been admitted; (2) the evidence was not available to the party despite exercise of due diligence; and (3) the appellate Court requires the additional evidence so..........
Civil Procedure Code, 1908, Order 21, Rule 37, 41 -- Money decree - Execution - Arrest of J.D. - Burden lies on J.D. to satisfy the Court that he is a small farmer and has no means to pay the decretal amount - Finding of Executing Court that D.H. failed to establish the means of J.D. - Erroneous - In execution proceedings, Executing Court should ensure that decree is not..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal - It is not one of the conditions that the party seeking to introduce additional evidence must have led some evidence in trial Court...........
Civil Procedure Code, 1908, Order 41, Rule 27(b) -- Additional evidence at appellate stage - Allowed by first appellate Court - High Court in revision held that the order of appellate Court could not be sustained - Held, High Court should not interfere with order in exercise of revisional jurisdiction - At this interim stage, High Court should not have felt itself..........
