Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Points for determination - All important questions involved in the case must be covered and they should not be general and vague - Appellate Court is justified in taking a different view on question of fact but that should be done after adverting to the reasons given by the trial judge in arriving at the..........
Civil Procedure Code, 1908, Order 41, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 6A, , Section 11 -- Consolidated appeal against partial decretal and dismissal of counter claim - Not maintainable - There were two distinct adjudications though made by way of same judgment - Both these adjudications assume status of decree and they are required to be challenged..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 31 -- Second appeal - Suit for cancellation of sale deed - Assailed on the ground that plaintiff who executed sale deed in favour of deceased was not mentally sound - However, evidence on record shows that plaintiff moved an application U.32.R.12 CPC, for discharge of next friend, which is indicative of fact that..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Divorce proceedings - Papers sought to produce by way of additional evidence relating to beatings given by husband to one `D', who is not a party to the suit and which is not relevant at all to decide the lis and has got no relation with the matter - Application dismissed...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1 -- Appeal - Order dismissing application U.O.20.R.18 R/W O.15.Rr.1, 2 and S.151 CPC - Appeal against such order is not maintainable, as order under appeal was passed on an interlocutory application for passing a preliminary decree and Court did not conclusively determined the rights of parties - Proper remedy is to..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appeal - Non-framing of point of determination - Where First Appellate Court indeed formulated the main point for determination, though it had not formulated the points for determination in detail, but answered all points at issue in length, it cannot be said that judgment of Appellate Court is vitiated for no, framing..........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Appeal - Non appearance of appellant - Court is not empowered to dismiss appeal on merits...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Nothing stated that applicant had no knowledge of such additional evidence despite due diligence - No reason given for failure to produce document in trial Court which is sought to be produced in the Court of appeal - Moreover, there is no pleading regarding which additional evidence..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - Power of appellate Court to remand the case to subordinate Court is contained in O.41.Rr.23, 23-A, 25 CPC - However, it is obligatory for appellant to bring its case under any of these provisions before claiming a remand - High Court had no jurisdiction to remand the case to trial Court, where no party to..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand of case by Appellate Court - First Appellate Court remanded case to Trial Court although suit was not disposed of on preliminary issue by Trial Court - First Appellate Court has to decide appeal on merits as per record of Trial Court - Thus, matter remanded to First Appellate Court to decide the same on merits...........
