Civil Procedure Code, 1908, Order 41, Rule 31 -- Reversal of finding of fact - Must consider all the material reasons and circumstances weighing in coming to a particular finding...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 23 -- Remand by High Court on a limited question whether entire appeal can be heard by the lower Court - AIR 1970 Madras 328 Followed wherein held that it was not open to the lower Court, when an appellate Court remanded the case to it, to do anything but to carry out the terms of the remand even if it considered that..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - What objections by way of cross objections can be raised - Held that the memorandum of cross objections preferred in respect of a matter in which the appellant is not interested, is not maintainable and has only to be dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Omission to frame an issue - Proper procedure prescribed U.O.41.R.24 CPC instead of setting aside the entire judgment and decree and remanding the case for fresh trial...........
Civil Procedure Code, 1908, Order 41, Rule 11(1), 17, Civil Procedure Code, 1908, Order 17, Rule 3 -- Appeal posted for admission - Non appearance of appellant or his counsel - Appeal cannot be dismissed on merits-court may on merits admit it overlooking such default - May dismiss it in default or may adjourn to another date Dismissal on merits read as dismissal in..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay order by appellate Court - Execution proceedings - Knowledge of stay order - All proceedings thereafter a nullity...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Provisions are mandatory - Lower appellate court not complying the provisions of the rule - Cannot be sustained by the High Court...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 90, Civil Procedure Code, 1908, Order 41, Rule 33 -- Application U/O.21.R.90 dismissed in default - Remedy by way of appeal though available is illusory Under inherent powers the Court which passed the order of dismissal can set aside the order of dismissal...........
Civil Procedure Code, 1908, Order 41, Rule 27, 28, 29 -- Additional evidence - Before allowing additional evidence the appellate court should discuss and examine evidence already on record, and if comes to a conclusion that evidence already on record is not sufficient for the correct decision of the suit, it may take additional evidence itself or may direct the trial court..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 23, 25 -- Power of remand cannot be exercised u/s 151 CPC - Procedure is to be followed as provided under 0.41.R.23 & 25 CPC...........
