Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for leading additional evidence has been considered by Appellate Court without examining the aspect as to whether additional evidence proposed to be led was in consonance with pleadings of defendant and whether such case had been set up by him coupled with the fact that..........
Civil Procedure Code, 1908, Order 41, Rule 25, 27 -- Additional evidence at appellate stage - Application filed U.O.41.Rr.25, 27 CPC is required to be decided along with main appeal and appropriate orders be passed on the said application, after hearing both the parties...........
Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay of 5250 days - When delay of long period of time is sought to be condoned, Court should not rule out involvement of third parties in litigation - Court, in fact, should presume that third party rights may have been created..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents in question are all post suit documents and are all Xerox copies - Reasons accorded for production of additional evidence do not meet the requirements of O.41.R.27 CPC - Application rejected...........
Civil Procedure Code, 1908, Section 41, Limitation Act, 1963, Section 5, Article 137 -- Condonation of delay in filing appeal - Limitation - Provision of Art.137 of Limitation Act is applicable to an application filed U.O.41.R.3-A CPC - Invocation of S.5 of Limitation Act to condone said delay beyond 3 years as stipulated u/art 137 of Limitation Act is automatically..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Tenant who is concededly in possession of property ought not to be evicted at the interim stage of deciding an application U.O.41.R.5 CPC - Eviction of tenant at the interim stage would naturally render appeal infructuous qua his rights, as in the meanwhile landlord shall be at liberty to..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - When case can be decided on interpretation of documents available, there is no need to remit the matter only for appointment of another Court Commissioner...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Appellate Court apart from recording its concurrence to findings recorded by trial Court has not assigned any reason in support of its conclusions - Being final Court of fact, it is duty of appellate Court to re-appreciate the evidence independent of findings recorded by trial Court and..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Delay of 1116 days in filing appeal - Respondents raised very same grounds which were raised in earlier round of litigation and delay was not condoned - Grounds put forth were insufficient to constitute `sufficient cause' u/s 5 of Limitation Act - Application dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC should be decided along with main appeal - Order allowing application which was decided prior to deciding of appeal set aside - First appellate Court directed to decide appeal along with application U.O.41.R.27 CPC together on merits...........
