Civil Procedure Code, 1908, Order 41, Rule 17(1), 19 -- General Rules (Civil), 1957, R.89-A - Appeal - Dismissed in default - Appeal cannot be dismissed on merits in absence of appellant - Nothing on record to demonstrate that appellant or his counsel was present at the time of transfer of appeal or at the time of receiving appeal or at the time of hearing of appeal -..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Generally appellate Court cannot set aside findings recorded by trial Court where findings are based on appreciation of oral evidence alone and it is a rule of prudence subject to known exceptions - However, it would not apply to a case at all where Trial Judge is a person different from..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent prohibitory injunction - Contention that Lower appellate Court has committed a manifest illegality in considering third case not pleaded by parties - However, lower appellate Court has taken into consideration oral evidence as well as circumstances in order to find out..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Framing of new issues by appellate Court - Matter should have been referred to trial Court to take additional evidence on the issues newly framed and try such issues and return the evidence to it together with findings thereon and reasons thereof - Appellate Court not justified in setting aside the judgment and..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence - Appellate Court should have taken the additional evidence on record or direct trial Court to take such evidence and send it when taken and it could have specified the points to which additional evidence was to be confined - Only for the reason that additional documents had been taken on record, it..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Will - Plaintiff by way of additional evidence sought to summon thumb impression register from office of Sub-Registrar - However, plaintiff failed to prove the sound disposing state of mind of testatrix at the time of execution of Will and suspicious circumstances surrounding..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - Appellate Court has power U.O.41.R.33 CPC to pass any decree and to make any order which ought to have been passed and thus, power can be exercised by appellate Court notwithstanding that appeal is with regard to only a part of decree...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Suit for possession - Defendants sold their 1/3rd portion of property to plaintiffs for a sum of Rs.700 - When the first appellate Court was finding that sale deed was a valid one and when the amount of Rs.700 was not being returned to plaintiff, plaintiffs should also get possession over 1/3rd portion of house..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Wholesale remand without framing any issue and without application of mind, is not permissible - Order of remand set aside...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Delay - Appeal not accompanied by an application for condoning delay - It is a curable defect - If required such an application can be filed subsequently and appeal can be treated as presented in accordance with requirement contained in O.41.R.3-A CPC...........
