Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment or decree during pendency of appeal - First appeal is sub judice and during pendency thereof if decree is executed and petitioner is dispossessed from suit property or title is transferred to plaintiff, same would cause irreversible and irreparable damage qua rights of defendant - Defendant has all throughout..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Cross-appeal objector is entitled U.O.41.R.22 r/w O.43.R.1-A CPC to question legality and validity of settlement agreement recorded U.O.23.R.3 CPC by way of a cross-appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application must be disposed of along with appeal - However, appellate Court dismissed the application pending disposal of appeal, which is against law - Impugned order of set aside - Matter remanded for decision afresh in accordance with law...........
Civil Procedure Code, 1908, Order 41, Rule 17, Civil Procedure Code, 1908, Order 17, Rule 2 -- Appeal - Non-appearance of appellant - None appeared for appellants, therefore it appears that appellants must have lost their interest in prosecuting appeal - Appeal dismissed for want of prosecution U.O.41.R.17 CPC r/w O.17.R.2 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 25, Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- First appellate Court framed three additional issues and remanded the case and directed trial Court to ascertain the issues and to take additional evidence if required - However, revisionist filed an application U.O.8.R.1-A(3) for production of documents - Trial Court..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Merely because a particular evidence which ought to have been adduced but had not been adduced, Appellate Court cannot remand the suit...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Necessary requirement for remand U.O.41.R.23-A CPC is that decree is reversed in appeal and a re-trial is considered necessary - Reversal has to be based on cogent reasons and for that matter, adverting to and dealing with reasons that had prevailed with trial Court remains a sine qua non...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - Where evidence is already adduced and a decision can be rendered on appreciation of such evidence, order of remand should not be passed remitting matter to trial Court, even if lower Court has omitted to frame issue and has failed to determine any question of fact which in opinion of appellate Court is..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Appellate Court has powers to correct findings given by trial Court by exercising powers conferred U.O.41.R.33 CPC, in the absence of questioning said finding by way of appeal or cross-appeal...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Suit for specific performance - Defendant acquired the suit property from her father through registered settlement deed - Recitals of document clearly show that defendant is having only life interest in suit property - Defendant has no right to transfer suit property to third parties including execution of..........
