Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - First appeal is a valuable right of appellant and therefore, appellant was entitled for an opportunity to prosecute their appeal on merits - If appellant's advocate did not appear, Court could impose some cost on them for restoration of their appeal to compensate appellant instead..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 19 -- Condonation of delay - Delay of 176 days in filing application for restoration of appeal dismissed in default - Delay of 176 days cannot be said to be an inordinate delay, more so when matter relates to first appeal - Appellants having lost before trial Court ought to have fair and reasonable..........
Presidency Small Cause Courts Act, 1882, Section 41, Civil Procedure Code, 1908, Section 9 -- Dispute between landlord and tenant - Jurisdiction of civil Court - Whether it is suit between licensor and licensee or between landlord and tenant, such types of suits fall u/s 41 of Small Causes Courts Act - Civil Court thus, has no jurisdiction over such cases...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Original Will could not be produced before trial Court, as same was in the custody of Tehsildar - Reasoning of trial Court proceeds mainly on the basis of original Will not being produced and therefore, signature of testator could not be compared or authenticated - Original Will was..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand - Powers of appellate Court - Evidence of both the parties available on record - Only a legal issue pertaining to question whether suit is barred by limitation, remains undecided - Appellate Court directed to decide the issue of limitation itself being First Appellate Court, as evidence is already led - Order of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - After closure of a lis - Not permissible...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Judgment of first appellate Court shall be in writing and shall state (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled; and shall at the time that it is..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - While reversing a finding of fact appellate court must come into close quarters with the reasons assigned by the trial court and then assign his own reasons for arriving at a different finding - When appellate court agrees with views of trial court on evidence, it need not restate effect of evidence or..........
Civil Procedure Code, 1908, Order 41, Rule 9, Civil Procedure Code, 1908, Order 44, Rule 1 -- Leave to appeal as an indigent - Delay in filing appeal - An appeal accompanied by a delay petition is a valid appeal registered on the date of filing and is to be numbered - The above rule applies equally to indigent appeal U.O.44.R.1 of CPC...........
Civil Procedure Code, 1908, Order 41, Rule 9 -- Leave to appeal - Delay in filing - Condonation of delay - Question arose as to whether appeal to be numbered on date of filing or to date of condonation - Held, a valid appeal is registered on its filing for all practical purposes even if appeal and C.M.C.(P) are accompanied by a petition to condone delay in filing the..........
