Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Stage of consideration - Even if an application for additional evidence is filed during pendency of appeal, it has to be heard at time of final hearing of appeal i.e at the stage when it is possible for Court to reach to a conclusion after appreciating evidence already on record that..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for permanent injunction - Sale deed executed by predecessor of plaintiff in favour of third party sought by way of additional evidence by defendant - Plaintiffs are claiming right in disputed property through their predecessor and defendants are contesting suit on the ground..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 11, 31 -- Second appeal - If second appeal involves substantial question of law then such questions are required to be formulated - However, in case second appeal does not involve substantial question of law then appellate Court has to pass a reasoned order which is a mandatory requirement of law - Non compliance of..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 11, 31 -- Second appeal - High Court dismissed appeal in limine U.O.41.R.11 CPC - While deciding second appeal, High Court not satisfied requirements of either S.100 CPC and/or O.41.R.31 CPC - Impugned order of High Court legally unsustainable and same set aside - Case remanded to High Court for hearing of appeal..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Where appellate Court did not frame any issue and referred matter to trial Court, case falls U.O.41.R.23-A CPC...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of appellate Court - Has to state the reasons for the decision - Absence of analysis not only evinces no, application of mind but mummifies the core spirit of judgment - In the instant case, High Court while affirming the judgment of trial Court, has really not ascribed any reason - There has been no analysis of..........
Civil Procedure Code, 1908, Order 41, Rule 27, 23, 23A -- Remand of case while allowing production of additional evidence - District Court in its discretionary power was justified in giving opportunity to defendant to adduce additional evidence in peculiar facts and circumstances of case, particularly when he has no fault on his part - High Court committed error in setting..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 11 -- First appeal - Dismissal at preliminary stage of hearing - High Court is empowered to dismiss first appeal at preliminary stage of hearing if there is no merit in appeal provided the said dismissal is supported by reasons while exercising power U.O.41.R.11 of CPC...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appellate Court - Compliance of O.41.R.31 CPC - All issues framed by trial Court duly adverted to in appeal, which is substantial compliance of mandate of O.41.R.31 CPC, even though differently worded points for determination have not been framed by First Appellate Court - Moreover, judgment of first Appellate Court is..........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Appellate powers - Appeal questioning decree granting relief of right, title, possession - Neither of parties or counsel appeared on date fixed for hearing - First Appellate Court decided the appeal on merits and granted the relief prayed for - Statutory provisions only empowers First Appellate Court to dismiss appeal for..........
