Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at belated stage - O.41.R.27 CPC does not permit taking of additional evidence unless lower Court has wrongfully refused to admit the same or party producing additional evidence could not introduce his evidence in lower Court for the reason enumerated in O.41.R.27(aa) CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application disposed of as infructuous on the day first appeal was dismissed - Application has to be decided alongwith the first appeal - There is thus procedural error - Matter remitted - First appellate Court to decide appeal afresh and to decide application U.O.41.R.27 without..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand for de novo trial - Suit for specific performance - Ex parte decree passed against all defendants/original owners and subsequent purchasers - Ex parte decree set aside at instance of defendants 3 & 4 - Fresh notice not sent to defendants No.1 & 2 - Defendants No.1 & 2 were entitled for a fresh notice of suit once..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Landlord seeking to adduce photograph of house, information regarding electricity connection to establish acquisition of two houses in vacant state by tenant as acquisition of said land was not in the knowledge at the time of judgment of trial Court - Said evidence is..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of specific issue - Merely because an issue is not specifically framed, cannot be basis for remanding matter, without examining aspect of prejudice suffered by either party to litigation before trial Court, particularly, when parties were clearly aware about such issue and they contested the same by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Two important ingredients are to be fulfilled in order to invoke O.41.R.27(1)(b) CPC namely, `requires' and `for any substantial justice' - Requirement thus, must be of Court and not of any party to suit - When Court opines that without additional evidence it cannot pronounce judgment..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - O.41.R.27 CPC cannot allow a litigant who had been unsuccessful in lower Court to patch up weak parts of his case and fill up omission in appeal...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by defendants are plaint and order sheet of earlier suit - Said documents were well within knowledge of defendants but they did not bring the same on record by way of evidence at trial stage - Requisite condition as mentioned in O.41.R.27..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Will - Second attesting witness of Will is sought to be produced by way of additional evidence by plaintiff - One of attesting witnesses already examined and plaintiffs never made any attempt to examine second attesting witness, during course of trial which remained pending for almost..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - No party is entitled to lead additional evidence at appellate stage as a matter of right - Additional evidence is permissible at appellate stage only in terms of U.O.41.R.27 CPC and on satisfaction of one or more of three eventualities mentioned therein...........
