Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Stage of consideration - Application U.O.41.R.27 CPC has to be considered only at the stage of final hearing preceding...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court erred in considering application U.O.41.R.27 CPC at a stage prior to actual final hearing of appeal - Impugned order of Appellate Court set aside - Application restored for fresh consideration by Appellate Court...........
Civil Procedure Code, 1908, Order 41, Rule 33, Motor Vehicles Act, 1988, Section 163A, 173 -- Accidental death - Enhancement of compensation - O.41.R.33 CPC is only for defending appeal up to the amount awarded by Tribunal and not for reduction of same...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First Appeal - Jurisdiction of First Appellate Court while hearing first appeal is very wide like that of Trial Court and it is open to appellant to attack all findings of fact or/and of law in first appeal - It is duty of first Appellate Court to appreciate entire evidence and arrive at its own independent..........
Civil Procedure Code, 1908, Order 41, Rule 27, Registration Act, 1908, Section 17 -- Additional evidence at appellate stage - Consent decree passed which was to operate only after registration - Since decree was not registered as such permission cannot be granted to lead additional evidence...........
Civil Procedure Code, 1908, Order 41, Rule 27(aa) -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be considered at the time of final hearing of appeal - Court at the stage of commencement of appeal, without hearing both the parties cannot conclude whether additional evidence is required to enable Court to pronounce judgment - Impugned order of..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - Non-formulation of points of determination - It is mandatory for first appellate Court to have framed points of determination while deciding first appeal u/s 96 CPC - Since in the present case said requirement of law has not been fulfilled, first appellate Court committed illegality in not making compliance of..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Non-framing of points of determination - It is mandatory for First Appellate Court to frame points of determination while deciding first appeal - Since said requirement of law not fulfilled, as such First Appellate Court has committed illegality in not making compliance of O.41.R.31 CPC - Impugned order not..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal from original decree - Cross-objections - Period of limitation is one month from the date of service of notice on respondent or his pleader...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Period of limitation - Appeal filed in 1999 - Notices sent earlier but record was destroyed in the fire incident and notices were again served in April 2014 - Cross-objections filed in 2015 - Held, if a cross-objector fails to file cross-objections within stipulated time, then his right to file..........
