Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Documents coming into existence during pendency of second appeal - Application allowed...........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 27 -- Review - Surplus land - Finding as to whether landowner has adoptive son or not - Fresh evidence led under Order 41 Rule 27 - Not permissible in review application - Mistake not apparent on face of record - Reversing earlier judgment on basis of new evidence is illegal and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Circumstances for not filing document at trial not stated - Document not required in appeal to pronounce judgment - No substantial cause shown for allowing additional evidence - Application dismissed...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 22 -- Cross objections - Filed in an appeal which was not maintainable - Cross objections are not maintainable in case it is found that the civil appeal is not maintainable though it was admitted in the initial stage...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - The object of O.41.R.33 is to enable the appellate Court to do complete justice between the parties and if the justice of the case may require, to pass any decree or order which ought in law to have been passed by the trial Court but not passed by it The appellate Court is empowered to make..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Land acquisition proceedings - Land Acquisition Officer not adducing evidence even in respect of documents examined by him which formed the basis of award - Consideration of documents essential for just decision - Question whether documents are in favour of one party or the other are..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Subsequent event - Eviction petition - Personal requirement of landlord for business purposes - Event of landlord's sons having become major and they have no potential income to support themselves - Plaintiff should be allowed to lead evidence in that regard...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- While allowing amendment of plaint Court observed that none of the parties would be entitled to lead any further evidence -Held, it does not mean a direction against admission of additional evidence even if a case It made out at a later stage...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal-Additional evidence-Documents sought to be produced necessary for the decision of controversy as to whether the tend in dispute was ancestral or not -Documents sought to be produced are doubted- Additional evidence allowed...........
Civil Procedure Code, 1908, Order 41, Rule 20(2) -- Court has jurisdiction to implead a person as a respondent in appeal if he was a party in a suit even though period of limitation has expired...........
