Civil Procedure Code, 1908, Section 96, Order 41, Rule 5 -- Stay of execution proceedings till disposal of first appeal - Petitioner has preferred an appeal as against judgment and decree passed in suit and he has having good case in appeal - Direction issued to First Appellate Court to dispose of appeal within a period of eight weeks...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate failed to make out case U.O.41.r.27 CPC for taking additional evidence on record - Even, he failed to prove relevancy of document which is sought to be filed along with application - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Mere fact that certain evidence is important per se is not in itself a sufficient ground for admitting that evidence in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Failure to mention the provision - However, application come within ambit of provision of O.41.R.27 CPC - That alone cannot take the application out of ambit of provision of O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 26, Rule 9 -- Additional evidence at appellate stage - Remeasurement of land - Trial Court appointed Court Commissioner but his report was rejected as he did not follow proper procedure at the time of conducting measurement - If Appellate Court agrees with the finding of trial court about non..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment and decree during pendency of appeal - Mere filing of appeal would not operate as a stay unless appeal is listed and there is an interim order...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - For remand, a specific case is to be made as per O.41.Rr.23, 23-A, 25 CPC - Mechanical remand of suit is wholly impermissible...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court should record its reasons for admitting additional evidence - Mere reference to peculiar circumstances of case, or mere statement that evidence is necessary to pronounce judgment or that additional evidence is required to be admitted in the interest of justice, or that..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court has given no reason whatsoever as to how defendant despite due diligence was not in a position to lead relevant evidence - Before coming to conclusion it was incumbent upon Appellate Court to have given its findings and reasons - Grounds raised in application for..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Non-framing of an issue - Suit dismissed without framing an issue that suit is bad for non-joinder of necessary party - Framing of issues is an important stage at which scope of trial is determined - Since no issue is framed, it is thus, proper to give an opportunity to plaintiff to implead said necessary party -..........
