Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC allowed prior to deciding the main appeal - Order allowing application set aside on this short ground - First Appellate Court directed to consider the application U.O.41.R.27 CPC r/w S.151 CPC for additional evidence afresh along with main..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - An appeal can be filed with copy of judgment, if decree has not been issued and it shall be deemed to be a decree for the purposes of appeal, till the decree is issued as it contains only the contents of judgment by concerned Court - However, once a decree is drawn it shall cease to have effect of a decree for the..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First appellate Court - Appellate Court was required to deal with reasoning recorded by trial Court in terms of O.41.R.31 CPC - Duty was on Appellate Court to record reasons for reversing the findings recorded by Court of first instance - Since appellate Court failed to do so and completely misread the pleadings,..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced are only revenue records and same would not enure to the benefit of defendants to substantiate their right over the property in question in view of registered partition deed produced in the suit - Application dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points for consideration as per O.41.R.31 CPC is not always fatal if appellate Court has considered the dispute between parties correctly and has applied the law accordingly...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Judgment of First Appellate Court - Suit for specific performance - First appellate Court had formulated a point on the issue of readiness and willingness on the part of plaintiffs and thereafter discussing the evidence on record arrived at a just finding - First Appellate Court is fully justified in formulating a point in..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - First appellate authority passed a two line cryptic order without assigning any reasons - Even, relevant points of determination not framed - Order passed by first appellate authority is not legally sustainable and thus, set aside - Matter remanded back to first appellant authority with a..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - First appellate Court has allowed the application U.O.41.R.27 CPC in a perfunctory manner, bereft of reasons as to why application has been allowed at appellate stage - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be heard at the time of final hearing of appeal - First appellate Court allowed application without any reason in a perfunctory manner - Order allowing application set aside...........
