Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for additional evidence should be considered and decided while hearing appeal on merits...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Restraining defendants from constructing walls for Toll Plaza - Land acquisition process for constructing National Highway cannot be interfered with at the instance of plaintiffs - Neither there is any attempt on their part to approach revenue authorities for..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Court has ample power to remit matter for de novo trial only when appellate Court found that re-trial is necessary...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Suit for permanent injunction and mandatory injunction - Plaintiffs and defendant no.1 claim tenancy under defendant no.2 - However, defendant no.2 remained ex parte - Production of documents available with defendant no.2 regarding leasehold right will have much assistance to Court for an effective..........
Civil Procedure Code, 1908, Order 41, Rule 27(b), 25 -- Additional evidence at appellate stage - Once first appellate Court allowed application U.O.41.R.27(b) CPC by coming to conclusion that document supporting legal plea of defendant should be allowed to be adduced as additional evidence, it rightly allowed the appeal and remanded subject suit to trial Court for fresh..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A(1) -- Condonation of delay - Delay of 209 days in filing appeal - Wife of defendant suffering from serious illness - Both defendant and his wife are senior citizens - Material on record shows that defendant made to go around doctors and hospital for treatment of his wife and in that process..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Right of pre-emption - Sale deed has come in existence during pendency of present 1st appeal and it was never sought to be produced before 1st appellate Court despite the fact that after its execution, 1st appeal remained pending decision for about 4 years and 9 months - Moreover, it is not mentioned or..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - Additional evidence admitted without proof by appellate Court - Lower Appellate Court thus, failed to follow the procedure contemplated U.O.41.R.28 CPC while admitting additional evidence - Court failed to give opportunity to appellant to contest admissibility and relevancy of..........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Additional evidence at appellate stage - Provision of O.41.R.27 CPC is applicable to appeal filed u/s 108 r/w O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Additional evidence at appellate stage - Application decided at a stage prior to consideration of appeal on merits - Satisfaction that proposed additional evidence was required for deciding appeal in a satisfactory manner by Appellate Court not manifested in impugned order of..........
