Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence at appellate state - If sufficient cause exists, Appellate Court can permit production of additional evidence - Additional evidence can be allowed even when there is some lacuna i. e. obscurity in evidence...........
Civil Procedure Code, 1908, Order 41, Rule 1 - - Court may permit appeal to be filed with true copies duly authenticated by Advocate as true - Appeal duly admitted by Appellate Court noting that a certified copy of impugned order not filed with Memorandum of Appeal - Certified copy filed a day earlier to date of hearing arguments in appeal - Appeal cannot be dismissed..........
Civil Procedure Code, 1908, Order 41, Rule 6(1) - - Executing Court cannot stop - At the most it can ask decree-holder to furnish security for restitution of amount for due performance of decree of Appellate Court...........
Civil Procedure Code, 1908, Order 41, Rule 5(1), 6(1) -- Dismissal of application of judgment-debtor by Appellate Court - Judgment-debtor not barred from approaching trial Court under Order 41 Rule 6(1) - Executing1 Court cannot refuse to exercise jurisdiction vested in it under Order 41 Rule 6(2) - Jangir Singh Ganda Singh's case A. I. R. 1965 Punjab 438 Reiterated -..........
Punjab Land Revenue Act, 1887, Section 13, 17, 112, 113, 114, 115, 116, 117, 118, Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Cross-Objections filed in appeal against partition - Withdrawal of Appeal later on - Cross-Objections held to have automatically ended - Plea that Cross-Objections should be treated as Appeal - Not tenable - Provisions of Civil Procedure..........
Civil Procedure Code, 1908, Order 41, Rule 11, 12 -- Query - Admission of appeal confined to one or more issues - Question left open...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 3, Land Acquisition Act, 1894, Section 54 -- Amendment of Memorandum of Appeal - After lapse of six years of filing of Regular First Appeal - Amendment seeking higher compensation relying on decisions of Court for change of ascertainment of compensation and payment of enhanced..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Memo of appeal not accompanied by certified copy of decree - Effect - No decree drawn up by Court - Appeal filed from such order without decree-sheet - Competent - Drawing up of decree - Essentially function of Court and its office - Unreasonable to penalise a party for the fault of office - Appeal cannot be held untenable..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A - - Order of remand under Order 41 Rule 25 - Setting aside of judgments and decrees of Courts below - Not necessary - Order of remand if under Order 41 Rule 23 or 23-A - Judgments and decrees of Courts below have to be set aside...........
Civil Procedure Code, 1908, Order 41, Rule 4, 33 -- Appeal properly filed by some of the parties to dispute - Impleading of another party - Court can allow even at a late stage - Order under Order 41 Rule 4 is to be made in favour of and not against a no, appealing person - Order in favour of a person who is not being heard - Not hit by principles of natural justice that..........
