Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Application to adduce additional evidence - Appellate Court has power to allow additional evidence not only if it requires such evidence " to enable it to pronounce judgment" but also for "any other substantial cause."..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - First Appellate Court to frame its own points of determination instead of taking up the issues framed by trial Court one after the other - Decision of appeal by first appellate Court without framing its own points of determination set aside and matter remitted for decision afresh...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 5(3) -- Second appeal - Stay of execution of decree - Formulation of substantial question of law is an imperative to proceed with the appeal - Court cannot proceed unless condition precedent is satisfied - Solely because Court has jurisdiction to pass an ex parte order, it does not empower it not to formulate the..........
Civil Procedure Code, 1908, Section 96, Order 41 -- Appeal - Valuation of appeal - Suit for permanent injunction and declaration - Counter claim - Only the judgment and decree of suit has been challenged in appeal but not the dismissal of counter claim - Valuation of suit thus, would be valuation of appeal for jurisdiction of Appellate Court and not the combined value of..........
Civil Procedure Code, 1908, Section 96, Order 41 -- Appeal - Jurisdiction of appellate Court cannot be made dependent on fluctuating valuation of claim in appeal - Valuation of claim in appeal has relevance only for the purposes of Court fee - Valuation for the purposes of determining jurisdiction and for the purposes of Court fee are two distinct factors - They need not..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision does not apply when on the basis of evidence on record, Appellate Court can pronounce a satisfactory judgment...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Substantial cause - Inadvertence of party or his inability to understand the legal issue involved or wrong advice of a pleader or negligence of a pleader or that party did not realize the importance of a document does not constitute a "substantial cause"...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Mere fact that certain evidence is important is not in itself a sufficient ground for admitting that evidence in appeal - A party who had ample opportunity to produce certain evidence in Lower Court but failed to do so, cannot have it admitted in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - There was no explanation that documents sought to be produced by way of additional evidence were necessary and relevant for disposal of suit - No sufficient cause shown for no, production of documents in trial Court - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 1, 22 -- Appeal - Non consideration of cross objections while deciding appeal - First Appellate Court manifestly erred in not considering cross objections - It is a serious error, which may cause serious prejudice to legal rights of defendants - Impugned judgment set aside - Matter remitted for decision afresh...........
