Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 19 -- Condonation of delay - Restoration of appeal dismissed in default - Sufficient reasons assigned for delay being caused as the factum of appeal listed after 6 years not brought notice of appellant and counsel also did not inform him - Delay condoned - Appeal restored to its original number...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - First Appellate Court has jurisdiction to reverse or affirm the findings of trial Court - However, when first appellate Court reverses findings of trial Court, it is expected to record findings in clear terms, specifically stating therein, in what manner, reasoning of trial Court is erroneous...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - It is a valuable right of parties and parties have right to be heard both on questions of law and also on facts - First appellate Court required to address itself to all issues and decide the case by giving reasons in support of such findings...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by way of additional evidence part of public record - However, application of applicant is completely silent as to when applicant has derived knowledge of documents - Moreover, if those documents were part of public record, applicant by exercising due..........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Additional evidence which plaintiff intends to produce on record is not required by this Court for purpose of adjudication of case - Incidentally, it is not the case of plaintiff that either of Courts below refused to admit evidence which is now intended to be produced by way of..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Suit for permanent injunction - Both the parties claiming right over suit property by virtue of sale deeds in their favour - High Court committed error in dismissing appeal against ex parte decree passed by trial Court and relegating defendants to file a fresh suit - Since both the parties claiming right..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - Suit for declaration - High Court while dismissing the appeal and suit as partly decreed by Trial Court held that plaintiff was not able to prove his title to land in suit due to no, examination of his vendor - All that High Court in such circumstances should have done was to remand the case to trial Court..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Land acquisition proceedings - Neither Trial Court refused to receive the evidence nor it can be said that evidence sought to be adduced was not available despite the exercise of due diligence - Evidence not necessary to pronounce the judgment - Additional evidence cannot be permitted to fill the lacuna..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be considered at the time of hearing of appeal...........
