Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Report of handwriting expert was sought for comparison of signatures on admitted documents with signatures made on reply to interrogatories and vakalatnama - Suit filed for permanent injunction restraining defendant from encashment of bank guarantee - Bank guarantee is an independent..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Trial Court disposed of suit on merits and not on preliminary issue - In appeal, first appellate Court set aside judgment and decree of trial Court and directed trial Court to decide suit afresh - Order of remand passed by first appellate Court is in exercise of its powers U.O.41.R.23-A CPC and not U.O.41.R.23 or..........
Civil Procedure Code, 1908, Order 41, Rule 23A, Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Second appeal - Maintainability - Order of remand passed U.O.41.R.23-A CPC is amenable to appeal U.O.43.R.1(u) CPC - Second appeal against such an order is not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - When defendant supports the decree, he need not to file any cross-objection regarding a particular issue held, against him, because when decree is in his favour, he may during course of arguments agitate that finding against him in Court below in respect of any issue which ought to have been in his favour...........
Civil Procedure Code, 1908, Order 41, Rule 5(3) -- Stay of execution by appellate Court - Partition decree - Decree appealed is decree in partition suit which only decides right of parties and share and it is not the money decree - Provisions of O.41.R.5(3) CPC thus, not applicable - Impugned order set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 6, Rule 17 -- Application for additional evidence and amendment of plaint filed at first appellate stage - Both the applications interconnected and having direct nexus with one another - Both the applications be considered at the time of final hearing of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order passed against third party purchasers through joint owners - When acts of joint co-owner along with other defendants/purchasers and depriving rights of plaintiff as co-owner having joint possession of property, suit for..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiffs filed three applications U.O.41.R.27 CPC during pendency of first appeal - First appellate Court discussed only two applications and third application was not decided - By not deciding third application, first appellate Court has committed material irregularity, which..........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 41, Rule 14(3) -- (As in HP) - Substitution of LRs - Death of defendant No.18 during pendency of first appeal - Defendant No.18 was proceeded ex parte in trial Court as well as in first Appellate Court - He did not contest matter in either Courts and as such his service or service upon his LRs..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiff by way of application U.O.41.R.27 CPC prays for permission to produce on record a report made by a Patwari to prove that plaintiff is in possession of suit property along with a copy of lay out plan - Mere report does not prove possession - Said report even not per se..........
