Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Car- be allowed if the proposed additional evidence is to enable the Court to pronounce the judgment or for any other substantial cause - Opposite party should not be taken by surprise and atleast opposite party must be aware of the controversy -Court must see the genuineness and authenticity of that..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Suit for partition - Appeal against decree - All the co - sharers not made parties - Appeal is not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Suit for possession - Defendant's plea that property was sold as a collateral security for loan - In appeal defendant/appellant sought to produce an agreement as an additional evidence to support the plea - Appellate Court ought to have received agreement as additional evidence for fair justice -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Evidence sought to be produced was available before the evidence was closed - Application for additional evidence only to counter indirectly a ground already taken in appeal - Additional evidence not allowed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Application ordered to be decided at the time of final hearing of appeal - Application not decided - Judgment & decree set aside...........
Civil Procedure Code, 1908, Section 115, Arbitration Act, 1940, Section 39, 40, 41, 47 -- Revision against appellate order passed under S.39 - Maintainable - Arbitration Act has put an embargo only on Tiling second appeal from appellate order passed u/s 39 of the Act and not revision - High Court therefore, was right in holding that revision is maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Can be allowed even in a case where the lower Court has refused to admit evidence which ought to have been admitted or the evidence which could not be produced by a party after due diligence...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Provision applies to Misc.appeals as well...........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Filing of certified copy of the decree/judgment is not absolute - It is discretion of Court to dispense with the filing of the certified copy - Court is entitled to entertain the appeal and pass an appropriate order even without a typed copy of the impugned order...........
Civil Procedure Code, 1908, Section 2(2), 96, 115, Order 41, Rule 5 -- Decision on merits - Amounts to decree - Appeal lies - No appeal can be filed against a decision not given on merits i.e given only on some technical point - Against such decision only revision lies - In the instant case decision given dismissing suit on legal bar created by Consolidation Act - Revision..........
