Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Defendants filed number of applications to place on record certain documents which were not on record of trial Court - No explanation given as to why documents were not filed in trial Court - Even no application filed U.O.41.R.27 CPC for leading additional evidence before first..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for specific performance - Suit filed within ten days of the date mentioned in the agreement - Averments of readiness and willingness in plaint - Stay application rejected...........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Cross-appeals - Appellate Court cannot decide both the cross-appeals on merits when one of appellants is absent...........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Cross-appeals - Clubbing of appeals - When in cross appeals one of appellants does not appear, appellate Court has to segregate two appeals and deal with appeals U.O.41.R.17(1) or O.41.R.17(2) CPC - In the event appeal is dismissed for default U.O.41.R.17(1) CPC, appellant will have remedy U.O.41.R.19 CPC - If other appeal..........
Civil Procedure Code, 1908, Order 41, Rule 27, Motor Vehicles Act, 1988, Section 166 -- Additional evidence at appellate stage - Accident - At a very belatedly stage, insurance company wants to avoid its liability to pay compensation coming up with a plea that respondent No.1 was not having a valid and effective during licence at the time of accident, which was available..........
Civil Procedure Code, 1908, Order 41, Rule 19 - - Non-appearance of counsel of plaintiff, as he noted down the wrong date - It is not the case of plaintiff that he was not interested in pursuing the matter - No person be made to suffer on account of lapse of counsel - Non-appearance cannot be fatal in application for restoration filed U.O.41.R.19 CPC - Court below had been..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand of case - Issue of rectification of decree sheet - Direction can be issued to trial Court to amend decree and this cannot be a reason to remand the case...........
Civil Procedure Code, 1908, Order 41, Rule 28 -- Additional evidence at appellate stage - Mode of taking - First appellate Court after allowing of additional evidence may either record same of its own or direct trial Court to record it or send same to it - Instead of following procedure U.O.41.R.28 CPC, first appellate Court adopted a shortcut method to dispose of appeal..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellant stage - Dismissal of appeal without deciding application U.O.41.R.27 CPC is not proper - Judgment and decree of first Appellate Court set aside - Matter remitted back to Appellate Court for decision afresh...........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - Substantial question of law - Framing of substantial question of law in second appeal is not mandatory so far as State of Punjab is concerned since Punjab Act would be applicable for State of Punjab - S.100 CPC would not hold the field having supervening effect...........
