Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 42, Rule 1 -- Additional evidence in second appeal can't be allowed to fill up lacuna in the case. A certified copy obtained before institution of the suit but not produced in trial Court - Not allowed to file in second appeal...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Appeal by several appellants dismissed in default-one of the appellants files application U.O.41.R.19 for restoration of appeal - Application in maintainable and the appeal can be restored - Effect of restoration - Held that though the application Under Rule 19 by only one of such appellants is maintainable the appeal will..........
Civil Procedure Code, 1908, Order 41, Rule 17, 19 -- Appellant absent - Court cannot dismiss appeal on merits - Such dismissal would amount to dismissal in default of appearance and such judgment can be set aside under rule 19 on showing sufficient cause...........
Civil Procedure Code, 1908, Order 41, Rule 4 -- Applicability of rule 4 of O.41 power can be exercised when one or some of the plaintiffs/defendants appeal...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Appeal remanded - Non compliance with remand order - Order is illegal, unjustified and without jurisdiction - Invoking the jurisdiction of the High Court justified without filing any appeal against the said order...........
Civil Procedure Code, 1908, Order 41, Rule 33, Civil Procedure Code, 1908, Order 42, Rule 1 -- Ejectment suit - Defendant denying tenancy and plaintiffs ownership - Plaintiff negligent is not claiming alternative relief of title - Leave to convert ejectment suit to title suit in second appeal not granted...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Pure question of law on admitted facts can be taken up in appeal though not raised earlier...........
Civil Procedure Code, 1908, Order 41, Rule 23, 25 -- Remand on a specific question - Finding beyond that question - That finding is beyond the scope of the order of the remand...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 22 -- Lower appellate court reversed the decree of trial court on consideration of commissioners report by lower appellate court Order cannot be sustained - Case remand to consider the entire evidence on record...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 41, Rule 1M -- Compromise - Effected in Court - Parties making statements and signing them - No appeal lies under Order 43 Rule 1-M - Passing of formal order that compromise be recorded - Not necessary - Parties when disputing factum of compromise - Order by Court that either compromise be..........
