West Bengal Premises Tenancy act, 1956, Section 17(2), Civil Procedure Code, 1908, Order 41, Rule 23A -- Eviction petition - Remand of case - First appellate Court did not even discuss evidence on record - Even, first appellate Court did not care to turn to pages of depositions and documentary evidence on record while disposing of appeal mechanically - Moreover, evidence..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal dismissed without deciding application U.O.41.R.27 CPC - Impugned order set aside - Matter remitted back to appellate Court to decide appeal afresh on merits along with application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC will be considered at the time of hearing of appeal, even if filed during pendency of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Application U.O.41.R.27 CPC for permission to lead additional evidence - Can be allowed only in accordance with the parameters laid down in O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - No plausible reason has been given as to why the evidence which is now sought to be produced, could not be produced during pendency of the suit or before the first appellate Court - Hence, no ground to grant permission to lead additional evidence - Application dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Suit for cancellation of sale deed - First Appellate Court has merely given a judgment of affirmance without considering evidence available on record - It was plaintiff who attacked sale deed, thus, burden was on plaintiff to have proved her case - However, First Appellate Court by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment or for any other substantial cause, additional evidence can be taken...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title - Requirement arises in the case to exercise jurisdiction by appellate Court to call for a further evidence to satisfy itself whether purchaser had purchased same land by paying valuable consideration thereof thrice by means of three independent sale..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Non-formulation of points of determination - Mere deviation from procedural requirements U.O.41.R.31 CPC, does not call for any interference to disturb concurrent findings of facts recorded by Courts below...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Points of determination - Real point for determination before First Appellate Court was correctness or otherwise of findings recorded by trial Court on issues framed in the case...........
