Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Matters finally disposed of by order of remand cannot, any of them, be re-opened when case comes back before High Court in second round from first appellate Court - But if at the time of remand, no final decision is given on a point, though some observations only are..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - When an appellate Court remands the case for further inquiry, lower Court has to act within the limits of remand order - It cannot reopen the finding of appellate Court, if does so, it exceeds the limits of its jurisdiction...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To examine an attesting witness of Will - Petitioner had been working on the witness over a long period of time to depose in his favour - Petitioner had full liberty to produce the witness and get him examined before trial Court - Time to tutor a witness cannot be granted - Dismissal..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Proceedings U.O.41.R.27 CPC are not intended to enable parties to supply evidentiary defects at appellate stage as an afterthought...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Judgment of High Court was sought on record by way of additional evidence by defendants, which was not part of record in civil Court - No prejudice is thus, caused to plaintiff by said judgment being permitted to be adduced as additional evidence - Application rightly allowed...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding application U.O.41.R.27 - Impugned judgment and decree set aside - Matter remitted for decision afresh in appeal alongwith application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 19 -- Reviewing/recalling of order dismissing second appeal - Second appeal dismissed in absence of counsel for defendants - Even, incorrect facts were brought before Court on behalf of plaintiff with regard to maintainability of second appeal - There is error apparent on face of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(a)(b) -- Interim injunction - Cannot be issued in favour of plaintiff to obstruct execution of decree - Such relief is specifically barred u/s 41(a)(b) of Specific Relief Act - Interim injunction rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - First Appellate Court being final Court of fact must not record mere general expression of concurrence with trial Court judgment, rather it must give reasons for its decision on each point independently to that of trial Court...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Points of determination as framed by trial Court do not fall within valid category for determination and they are too vague and general in nature - Judgment of First Appellate Court failed to advert to grounds taken in memo of appeal and it is thus, cryptic and has not identified the..........
