Civil Procedure Code, 1908, Order 41, Rule 27 -- Second appeal - Additional evidence - Diligence on the part of the petitioner - Aid of O.41.R.27 cannot be extended...........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a), Civil Procedure Code, 1908, Order 41, Rule 22 -- O.41-A - Appeal U/O.43 - Provisions of O.41 & 41-A also apply to such appeals - If the respondent aggrieved may file cross objections U/O.41.R.22 CPC...........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5 -- Stay of suit in appeal or in revision - Interim reliefs can be granted - During the pendency of a stay order passed by the appellate or the revisional Court, although the trial Court or the Court below may not have any jurisdiction to proceed with the trial of the suit on merits, it can certainly take such other..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - For want of court fee appeals not numbered - Cross objections can be entertained only if registered appeal...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Two appeals by opposite parties against judgment - One appeal found to be incompetent as not having impleaded the proper parties, it can be treated as cross objections to the other appeal only if it is filed after the filing of the other appeal and not if it has been filed before the filing of the other appeal...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Additional issues required to be framed - Judgment in appeal not to be set aside - Appellate Court to seek finding on such issues from trial Court - Appeal to be decided after allowing' the parties an opportunity to raise such additional grounds as they may consider necessary...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at the appellate stage - High Court justified in not permitting to adduce additional evidence at the second appellate stage...........
Civil Procedure Code, 1908, Order 41, Civil Procedure Code, 1908, Order 43, Rule 1 -- In order to attract S.104(2) appeal to u/s 104 CPC - If appeal u/s 96 and then S.104 not attracted. U/O.43.R.1 (t) and (u) provides for appeals against order passed U/O 41 which governs appeals coming u/s 96 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Second appeal - Documents sought to be produced not a public document or a public record - Appellants being aware of topography cannot claim inability to produce plan earlier because of some reason beyond their control - Application dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Fresh allegations of fact in memo of appeal and call upon the opposite party to admit or deny the same - Do not attract the provisions of O.41.R.27 CPC...........
