Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case for recording additional evidence - Application for additional evidence dismissed by High Court as not pressed - Such order was passed after arguments were heard on behalf of parties and it attained finality - Proceedings which were closed by said order cannot be collaterally opened subsequently on the ground..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is not to be restored to in normal course - It is for the Court to come to conclusion that evidence is not sufficient for it to adjudicate the issue and decide the same on merits and where trial Court had not allowed such evidence to come on record and for..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - At appellate stage - Permissibility - Evidence relating to subsequent happening or events which are relevant for disposal of appeal is permissible - But is not open to any party at the stage of appeal to make fresh allegations and call upon other side to admit or deny the same - Hence, additional..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 1(r) -- Appeal - Ex parte injunction order - Provisional, temporary or interim order rendered U.O.39.Rr.1, 2 CPC is appealable U.O.41.R.1(r) CPC - However, aggrieved person can also recall such ex parte interim injunction order...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Divorce proceedings - Appellate Court without entering into merits of adjudication by Trial Court merely remanded proceedings so as to give one opportunity to respondent to contest the proceedings - Unless conditions stipulated U.O.41.R.23-A CPC are satisfied, order of remand cannot be passed - Impugned order of..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Appellate Court has to first go into merits of adjudication by trial Court and only on being satisfied that decree is liable to be reversed and fresh trial is considered necessary that order of remand can be passed...........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - Once application is allowed then procedure for proving the document in question should be followed - When such procedure is not followed then matter has to be remitted with direction to follow the procedure and thereafter decide the appeal...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 31 -- Impleadment of a party in first appeal - Party impleaded must be afforded an opportunity to adduce oral and documentary evidence and make his submission...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - First appellate Court shall state the points for determination, the decision thereon and reasons for decision - However, mere omission to frame point/points for determination does not vitiate the judgment of First Appellate Court, provided first Appellate Court records its reasons based on evidence adduced by..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - First Appellate Court is the final Court of facts - Judgment of appellate Court must therefore reflect Court's application of mind and record its findings supported by reasons...........
