Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed for default - Court should ordinarily restore appeal unless gross negligence of party - Sins of Advocate should not be allowed to visit on the party - Courts are (here for advancement of justice - Should not ordinarily deprive a litigant of his right - Party should not be made to suffer for..........
Civil Procedure Code, 1908, Order 41, Rule 17, 19, Civil Procedure Code, 1908, Order 43, Rule 1(t) -- Appeal dismissed for default as appellant as well as counsel absent - Application for restoration of appeal also dismissed for default as neither appellant nor counsel present - Second Appeal from Order accepted and appeal restored - Party should not be made to suffer for..........
Civil Procedure Code, 1908, Order 41, R -- Defence of bona fide purchase - Objection taken in written statement - No issue framed - Point not raised either before trial Court or before first appellate Court - High Court would not exercise its discretion to send for report under Order 41 Rule 25...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in Appellate Court - Parties to appeal not entitled to produce - When Court may allow additional evidence...........
Civil Procedure Code, 1908, Section 115, 151, Order 41, Rule 23 -- In appeal the lower appellate court remanded the case for fresh decision on question of law and fact Is not an order U.O.41.R.23 CPC - Revision against the remand order is maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Case remanded by appellate court to rehear the suit giving an opportunity to the parties to adduce further evidence - Mere insufficiency of evidence no around for remand - Remand order is illegal...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Money decree - Stay of until disposal of appeal - Decretal amount sufficiently heavy - Financial position of appellant likely to be adversely affected if made to pay decretal amount - Sufficient cause for staying execution of money decree...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- High Court admitting additional evidence without recording reasons to show why it found the admission of such evidence to be necessary for some substantial reasons. And if it found necessary to admit it an opportunity should have been given to the appellant to rebut any inference arising from its existence by leading other..........
Civil Procedure Code, 1908, Order 41, Rule 35(3) -- Costs - Costs are not punishment to the defeated party nor as a bonus to the party which receives them, but as a recompense to the successful party in order to indemnify him though not completely, for legal expenses to which he has been subjected to in prosecuting his suit or his defence - Proportionate costs allowed -..........
Civil Procedure Code, 1908, Order 41, Rule 30, 31, Civil Procedure Code, 1908, Order 20, Rule 1, 2, 3 -- Judgment pronounced after dictating to the shorthand write in presence of parties - Judge died before singing the typed judgment operative immediately on pronouncement...........
