Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - If allowed an opportunity to be afforded to the other side to file evidence in rebuttal...........
Civil procedure Code, 1908, Order 41, Rule 27 -- Appellate Court admitted the Additional evidence beyond the provisions of O.41.R.27 - Suit decreed beyond the pleadings of the plaintiff-Order passed by Appellate Court set aside and matter remanded back to the first appellate Court to decide the appeal afresh on merits...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 30, Rule 5, Civil Procedure Code, 1908, Order 41, Rule 23 -- Three suits - Involving common questions of facts and law - Trial Court heard them analogously and delivered a common judgment governing all the suits - Issues not framed separately in all the three suits and not setting those..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appellate Court not only agreed with the reasons given by the trial court but also added its own reasons equally weighty in nature to support the finding - Judgment cannot be treated as bad...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal by one of the defendants - Court has power to pass decree against rest of the defendants also in order to do complete justice between the parties - O.41 R.33 gives such power to the court...........
Civil Procedure Code, 1908, Order 41, Rule 5, 6 -- Power under Rule 6 can only be exercised when the appellate Court has not already exercised jurisdiction under Rule 5...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Agreement to sell-Held, when equally efficacious remedy by suit of specific performance is available then suit for injunction restraining vendors from selling the property is not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal - Additional evidence - State wanted to produce on record a copy of death entry - Document important - Likely to have affect on the adjudication of litigation - Order allowing additional evidence upheld...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Order of remand - Parties are not entitled to take up questions which do not come within the purview of the remand order...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage-It cannot be admitted except when it comes under any of the clauses...........
