Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Mere fact that certain evidence is important is not in itself a sufficient ground for admitting that evidence in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where a party on whom onus of proving a certain point lies fails to discharge the onus, he is not entitled to a fresh opportunity to produce evidence, as Court can in such a case, pronounce judgment against him and does not require any additional evidence to enable it to pronounce..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Tenant sought to produce some additional evidence - However, suit was contested by tenant for about 16 years - No averment in application that why alleged additional evidence is necessary to decide real controversy involved in the revision - Application filed on mere..........
Civil Procedure Code, 1908, Order 41, Rule 27, 27aa -- Additional evidence at appellate stage - Plaintiffs filed application for taking copy of sale deed as additional evidence - However, plaintiffs no where disclosed due diligence in as much as how they came to know about sale deed and could not file the same before trial Court - No reasons whatsoever has been stated in..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 22 -- Conversion of appeal into cross-objections - There is no specific provision to convert an appeal into cross-objections - But there is equally no specific provision barring such conversion - There is thus, a legitimate case for invoking provision of S.151 CPC and ordering such conversion...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - If O.41.R.22 CPC enables party to file cross-objections, such cross-objections can be rejected as not maintainable only on some legitimate ground showing either that applicant's case does not fall within O.41.R.22 Explanation CPC, or that there is some other valid reason why cross-objection should not be..........
Delhi Rent Control Act, 1958, Section 14(1)(a), Civil Procedure Code, 1908, Order 41, Rule 27, Slum Areas (Improvement and Clearance) Act, 1956 -- Eviction order - Slum area - Plea whether or not property located in a slum area was raised for first time through application U.O.41.R.27 CPC that too at appellate stage, both parties ought to have been given adequate..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application has to be decided at the stage of final hearing and if Court comes to conclusion that a case for additional evidence is made out then to allow the same - Application not to be dismissed at the threshold...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 27 -- Dismissal of suit for possession - Non-joinder of parties - Bar of second suit on principal of res judicata - Matter in issue, if it is one purely of fact, decided in the earlier proceedings by a competent Court, must in a subsequent litigation between the same parties be..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Judgment of appellate Court - Reasoned decision - Appellate Court neither considered evidence on record nor assigned reasons for reversing findings of trial Court - It was duty of Appellate Court to deal with, consider and appreciate evidence on record and record findings with reasons while arriving at a..........
