Civil Procedure Code, 1908, Order 41, Rule 31, 30, 23-A, 27 -- Non - disposal of application for additional evidence - Causes serious prejudice - Judgment and decree of First Appellate Court set aside - Case remanded for fresh decision of appeal on merits as well as on application - Application for additional evidence in appeal - Notice given to opposite side who also..........
Civil Procedure Code, 1908, Section 115 -- Revision - Document not received in evidence on the ground that it required registration - Challenged in revision - Meanwhile suit disposed of - Impugned order set aside in Revision - Suit dismissed for the sole reason that suit document is inadmissible in evidence - Once that finding goes, suit has to be decided on merits afresh,..........
Civil Procedure Code, 1908, Section 100 -- Question whether landowner a big landowner or a small landowner - Question of fact - Cannot be gone into in second appeal - In regular second appeal as well as in writ jurisdiction, it is the question of law which requires determination and not question of fact...........
Civil Procedure Code, 1908, Order 34, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 89, 90 -- Mortgage money - Deposit - Mortgagor can deposit mortgage money at any time before confirmation of sale - Steps U.O.34.R.5 taken before confirmation of sale - Order confirming sale would not become absolute till disposal of appeal, if filed, against confirmation of sale -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Two remedies are available - (i) Exparte decree can be sought to be set aside showing sufficient cause; (ii) an appeal showing the illegality of the judgment and decree and the interim proceedings which merged into the judgment and decree can be sought...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - If there is a mis-reading of evidence and wrong appreciation of evidence, the second appellate Court can examine such evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought at the stage when case fixed for orders - Held, if it is necessary for the purpose of determining the real question in controversy then it can be allowed before or at or after the trial or even after judgment or in appeal, it can be allowed even before delivery of judgment...........
Civil Procedure Code, 1908, Order 41, Rule 22, Court Fees Act, 1870 -- Sch.I Art.1-A (as applicable in M.P.) - Appeal - Cross objection - Assailing adverse finding on legal necessity in support of decree of dismissal of suit for specific performance - Is maintainable without payment of ad valorem Court fees...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of appeal as well as suit with permission to file a fresh suit on same cause of action - Court before granting permission must be satisfied that the suit bound to fail by reason of some formal defect or that there are otherwise independent sufficient grounds for allowing plaintiff to institute a fresh suit for..........
Civil Procedure Code, 1908, Section 100 -- Will - Lower Appellate Court committed error in failing to gather the real intention of the testator from the recitals in the Will - High Court can interfere in second appeal...........
