Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 41, Rule 25 -- Framing of additional issues - If for any reason an issue is not raised, nothing prevents parties or their counsel from applying to Court for raising an additional issue - It is of no use if any amount of argument is advanced in appeal if a party has failed to avail this..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - Suit for permanent injunction and possession - Once title of plaintiff stood confirmed and that being a finding of fact, said finding of fact cannot be open to be assailed primarily on technical grounds as raised in terms of O.41.R.31 CPC - No material produced by appellants/defendants to..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Vague averments made in application - Application lacks material facts and particulars so as to establish that defendant has exercised due diligence in procuring documents which she wants to be taken on record as additional evidence - Even, no affidavit in support of application..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - De novo trial - First Appellate Court mechanically passed an order of remand without applying itself to fact situation of case and without appreciating fact that issue on which remand order is passed was already decided by trial Court - Order of remand not covered under provisions of O.41.Rr.23, 23-A, 25..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - First Appellate Court without reversing findings recorded by trial Court or without formulating any point of determination or without recording any findings on all the issues so framed by trial Court, allowed the first appeal in cryptic and cursory manner - Provisions of O.41.R.31 CPC not..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cannot be made applicable to proceedings u/art 226 of Constitution or an appeal arising therefrom in view of S.141 Explanation CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 1(r) -- Temporary injunction - Order declining temporary injunction - Appeal and not revision which is maintainable thereagainst...........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(aa) -- Additional evidence at appellate stage - Documents sought to be produced at appellate stage were predating date of recording of evidence and were within knowledge of defendants - No explanation rendered by defendants before appellate Court or before High Court to show that they by exercise of due diligence could not..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Application filed U.O.41.R.3-A CPC cannot be decided ex parte without affording an opportunity to respondent...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Interlocutory application filed u/s 5 of Limitation Act r/w O.41.R.3-A CPC to condone delay in filing appeal is not `incidental proceedings' referred in O.41.R.14(4) CPC...........
