Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Presumption of correctness of facts - Mere abstract criticism of evaluation of evidence and in absence of counter pleadings and corresponding evidence is untenable...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Application for leading additional evidence - Once application has been filed for leading additional evidence, Appellate Court has two options before it : (i) to lead evidence evidence itself and (ii) to direct the trial Court to do so...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at revisional stage - Application for additional evidence has to be decided at the time of final hearing of revision i.e at the stage when it is possible for Court concerned to consider the fact as to whether additional evidence is required to be taken on record to decide the case or for substantial..........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Appeal - Non-appearance of appellant - Court has no power to dismiss appeal on merits - Court may if deems fit dismiss appeal for default of appearance...........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence at appellate stage - Application U.O.41.R.27(b) CPC is not automatic and cannot be treated to be mere irregularity which can be cured at any point of time - Appellate Court is under obligation to consider entire evidence on record and come to an independent finding for arriving at a just decision..........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence at appellate stage - Application filed by plaintiff - Defendant entitled to get opportunity to raise his objection against adduction of additional evidence at the appellate stage...........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand of case by First Appellate Court - Trial Court not disposed of suit on preliminary issue without recording evidence and giving its decision on rest of issues - First Appellate Court instead of remanding case to trial Court decided matter on basis of evidence on record - Judgment and decree of first Appellate court set..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Suit should not normally be dismissed on technicality just because the plaint is not signed by competent person and that too without giving sufficient opportunity to rectify error or to allow party to lead evidence to prove the same...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of application - While dismissing application no opportunity was granted to petitioner to challenge the same since the final judgment was passed on the very same date - Approach adopted by appellate Court has led to serious miscarriage of justice - Denying a..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Suit for declaration of title - Concurrent findings of two Courts below dismissing suit of plaintiff - Entire evidences discussed and said findings are supported by reasons and further points have also been framed by both Courts below - There is thus, substantial compliance with provisions of O.41.R.31 CPC -..........
