Civil Procedure Code, 1908, Order 41, Rule 5, Orissa Gram Panchayat Act, 1965 - - Whether security bond U.O.41.R.5 or 6 CPC needs registration ? No...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Mandatory - Dittoing findings of trial Court - Amounts to giving no finding - Duty of appellate Court to discuss the evidence and come to findings of its own. Appellate Court should discuss the evidence and come to findings of its own. Dittoing the findings of the trial Court by the lower appellate Court, is giving no..........
Civil Procedure Code, 1908, Section 9, 11, Order 41, Rule 23 -- Bar to jurisdiction of Civil Court - Consent cannot confer jurisdiction...........
Civil Procedure Code, 1908, Order 22, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 4 -- One of the three - Defendant appellants died during the pendency of appeal - Legal representatives not impleaded - Will lead to passing of conflicting and contradictory decrees in the event of appeal being accepted - Appeal abates as a whole...........
Civil Procedure Code, 1908, Section 24, Order 41, Rule 5 -- Orders meant for Courts below - Take effect from the date they are communicated to them and not from the date when made by superior Court - The orders meant for the Courts below will take effect from the date they are communicated to them and not from the date when they are made by a superior Court. (AIR 1967 SC..........
Civil Procedure Code, 1908, Order 41, Rule 7.3A -- As added by Punjab High Court and Section 151 - Scope of - Before considering whether retrial of suit is necessary the decree must first be reversed - Decree cannot be reversed for the sake of remanding the case - Remand cannot be ordered in exercise of inherent powers under Section l51 - Object of recording additional..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand of the suit is not intended to enable a party to fill in the lacunae in his case...........
Civil Procedure Code, 1908, Order 41, Rule 2 -- Question of fact - Cannot be allowed for the first time in first appeal - Whether a Mahura tree is fit for yielding timber or only fire-wood is a question of fact in regard to which no evidence has been led. In absence of pleading, issue and evidence on these points, they cannot be allowed to be raised for the first time at..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Decree passed in ignorance of death of one of the appellants - Cannot be treated as a nullity - Can be set aside in appropriate proceedings - Not permissible to set aside the decree under Rule 21 of Order 4l, re - hear the case and decide the appeal afresh Even if the decree passed by the High Court in execution second..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Expression "duly served" - To be read in the light of Rule 8, Part A, Chapter 3, Volume V of the Punjab High Court Rules and Orders - Service in accordance with first proviso to Rule 8 - Due service within the meaning of Rule 21 of Order 41 Civil Procedure Code - Punjab High Court Rules and Orders, Volume V, Chapter 3, Part..........
