Civil Procedure Code, 1908, Order 22, Rule 3, Arbitration Act, 1940, Section 41, 20 -- Schedule I Rule 7 - Arbitration proceedings - Death of one of the applicants - L.R's not brought on record - Provision of Order 22 CPC is impliedly excluded - Arbitration proceedings did not abate - Award shall be final and binding on persons claiming under deceased applicant even if..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal, filing of by duly authorised person-Specific resolution requirement-Once a general resolution passed by Wakf Board authorising a person to file appeal - Resolution enures for all subsequent litigation-No resolution has to be passed specifically in each case for filing of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal - Will - Not proved in accordance with law - Party who is negligent before Trial Court, cannot be permitted to take up proof of Will at appellate stage by summoning records from Sub Registrar...........
Civil Procedure Code, 1908, Order 41, Rule 23A, 23 -- All issues decided by lower Court in plaintiffs favour - Appellate Court duty bound to record his own findings on each and every issue while setting aside judgment and decree under appeal - Appellate Court while allowing amendment of written statement set aside judgment and decree under appeal and remanded case to lower..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence application-Not decided by First Appellate Court-Plea that as application not decided therefore case be remanded to First Appellate Court to decide the application and appeal afresh-Not tenable-First Appellate Court if omits to decide application for additional evidence-Implies that Court did not require..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- When additional evidence is allowed to be produced by the Appellate Court, the Court has to record the reasons for its admission...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Party seeking to produce additional evidence has to establish that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed...........
Civil Procedure Code, 1908, Order 41, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 3, Rule 4 -- Appeal - Dismissed as withdrawn by counsel for appellant - Challenged on the ground that petitioner has not authorised the counsel to withdraw appeal and the Court had no power to dismiss it except to decide it on merits - Held, counsel..........
Civil Procedure Code, 1908, Order 41, Rule 25, 24, 23-A, 23, 27 -- Additional issue - Framing at appellate stage - Procedure to be followed by Appellate Court - Dispossession during pendency of appeal - Amendment of plaint seeking relief of restoration of possession allowed - After amendment additional issues were framed - In such situation first appellate Court ought to..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Rent & eviction - Additional evidence sought to prove that demised premises was not rented out to the petitioner but to somebody else - The landlord has sought to change the entire nature of the controversy - Application dismissed ...........
