Civil Procedure Code, 1908, Order 41, Rule 25 - - Eviction suit - Issue regarding other co-owner/members of Hindu Undivided Family not impleaded as party - Tenant admitted having paid rent to plaintiff - On the contrary, there is a statement recorded of plaintiff as per his rejoinder of being landlord - More so, no other co-owners has come forward to challenge or object..........
Consumer Protection Act, 1986, Section 12, Civil Procedure Code, 1908, Order 41, Rule 27 -- Consumer dispute - Additional evidence at appellate stage - Documents came into existence after filing of appeal before State Commission - Documents are relevant to establish the case of appellants - In absence of these documents, appellants would not be in a position to..........
Civil Procedure Code, 1908, Order 41, Rule 31(a) -- Judgment of first Appellate Court - Re-framing of issues by appellate Court and answering each issue - It cannot be said that first Appellate Court has committed any error while passing judgment and order contrary to provisions of O.41.R.31(a) CPC...........
Transfer of Property Act, 1882, Section 122, Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 24 -- Gift - Photocopy of Gift Deed adduced into evidence and marked, as original Gift Deed was not available at time of adducing evidence - Defendant No.1 submitted Gift Deed on date of arguments - Held, according to Gift Deed Defendant No.1..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Once a witness is examined, his testimony cannot be allowed to be replaced by another set of facts in order to remove a lacuna - Witness cannot be allowed to make out a new story by twisting the facts - O.41.R.27 CPC does not contemplate a situation permitting to substitute the..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appeal - Appellate Court was aware about seven issues those were framed by trial Court and then went on to pick up each issue which was framed by trial Court for discussion - Such exercise is not contemplated U.O.41.R.31 CPC - First Appellate Court should apply its own mind and frame those points for determination..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Form or format in which points for determination are framed is not decisive - Judgment of first Appellate Court is not only inconsistent with provisions of O.41.R.31 CPC, but has led to fatal miscarriage of justice and is unsustainable in law - Judgment of first Appellate Court set aside -..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Earlier adjournments granted in appeal, ought not to be taken into account by Court while considering whether or not to set aside order dismissing default passed by it, because only cause for absence on that day is required to be gone into...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - There is no requirement of law that appellants in appeal should be present when appeal is taken up for hearing because having engaged a counsel who has to argue the appeal, appellants need not be physically present in Court - View of Court below that appellants should have..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Appeal dismissed in default because counsel engaged by appellants could not be present, as he has to admit his son in Engineering course - Application for restoration of appeal filed within 30 days from dismissal of appeal - Court below ought to have taken into account the..........
