Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - Points of determination not specifically framed - In absence of any such point of determination specifically framed and answered by Appellate Court, judgment would be taken as to be apparently suffering from vices of non-compliance of O.41.R.31 CPC - Judgment of first appellate Court set..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - When Appellate Court remands the matter back to trial Court, limiting the scope of suit, trial Court is bound to follow the directions contained in the order of remand and cannot extend the scope of remand...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Issue of limitation - Recovery suit - District Judge remanded the matter for retrial for the reason that issue of limitation though not raised by defendants goes to root of matter - However, question of limitation was considered by trial Court in first round of litigation - Defendants had not challenged said..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - When there is no illegality or error in judgment and order passed by appellate Court by which judgment of trial Court has been confirmed, it does not vitiate merely because points of determination have not been stated though it has disclosed issues considered by it...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Applications to be taken up for consideration along with final hearing of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27, 28, 29 -- Additional evidence at appellate stage - Plea of fraud - Report called from Principal City Civil Judge - Appellate Court may permit additional evidence to be produced either oral or documentary, if conditions mentioned in O.41.R.27 are satisfied and thereafter procedure U.O.41.Rr.27, 28 & 29 is to be followed -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit dismissed by trial Court - Appellate Court allowing plaintiff to produce additional document and remanding case for decision afresh - Such general remand not causing prejudice to defendant who can adduce evidence in rebuttal - Order calls for no interference...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - First Appellate Court is required to comply with requirements of O.41.R.31 CPC and non-observance of these requirements lead to infirmity in judgment - High Court not complied with any of said requirements - High Court has to re-consider the matter - Matter remitted back to High Court for fresh..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 33 -- Preliminary decree for partition - Modification - Preliminary decree attained finality by drawing up of final decree which is executed - Plaintiff cannot seek modification of share granted to her in preliminary decree...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 33 -- Preliminary decree for partition - Modification - Preliminary decree can be drawn afresh or modified only before final decree is drawn up...........
