Civil Procedure Code, 1908, Order 41, Rule 31 -- Rule 31 is mandatory - A judgment which does not comply with the provisions of this rule is no judgment in law...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Appellant cannot be allowed to adduce additional evidence just to fill in the lacuna in his case...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - The true test to be applied in dealing with the application for additional evidence is whether the Appellate Court is able to pronounce judgment on the material before it without taking into consideration the additional evidence sought to be adduced...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Party seeking to produce additional evidence is 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 - In any other case,..........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 20, Rule 9 -- Application for appointment of Local Commissioner filed before lst Appellate Court - Court proceeded to passed the judgment and decree without disposal of such an application - Disposal of such an application was essential - Case remanded...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal - Additional evidence - The provision cannot be used as tool to allow any party to fill in lacuna...........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Expl.- Counsel changed - When new counsel did not attend, it is not incumbent on the Court to adjourn the case - It is the duty of the counsel to appear when case is fixed for hearing - Held, that it is not correct to argue that Court could not dispose of the case on merits after hearing counsel for three appellants...........
Civil Procedure Code, 1908, Order 41, Rule 23-A -- Remand - Question as to date of death of vendor - Sufficient material available on record to decide the question - Court competent to decide without framing such specific issue - Order of remand for framing such issues and deciding it - Such order is illegal...........
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5 -- Appeal - Filed after limitation - Must be filed accompanied by an application for condonation of delay supported by an affidavit - Filing of such application is mandatory - Non filing of such application renders appeal itself non existent...........
Arbitration Act, 1940, Section 41(a), Civil Procedure Code, 1908, Order 41, Rule 3-A -- Provisions of CPC are applicable to appeals filed under the Arbitration Act...........
