Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Remand for purpose of adducing fresh evidence to explain the evidence on record, where it is unambiguous or to cover up deficiencies or to fill in gap is not warranted by the Rule...........
Civil Procedure Code, 1908, Order 41, Rule 23, Family Courts Act, 1984, Section 7, 8 -- Remand of case - Jurisdiction - No appellate court can confer jurisdiction on a subordinate court, however high the appellate court may be...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Expression "Trial Court" - Meaning - Only mean the court which is competent to try the icy/issues pursuant to the order of remand...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Expression "Trial Court" - Meaning - It can only understood that remand was made to a court which possessed jurisdiction to try the case at material time...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - Points for determination - Non-framing of - First appellate Court neither compiled with directions mentioned in O.41.R.31 CPC nor made any point of determination in its impugned judgment - No reason given as to why it was proper to dismiss the appeal or why such judgment was passed - Nothing is there which shows..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Ample opportunities were granted to plaintiffs to lead their evidence but they failed to do so - Moreso, said evidence was already in the knowledge of plaintiffs and was available with them at the appropriate stage - Application rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 41 -- Execution of decree for recovery of money - Power of executing Court - Executing Court can direct the judgment debtor, at initial stage itself, to file the affidavit of assets as on the date of institution of suit as well as of the current date i.e. date of swearing the affidavit in Form 16A...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points of determination - Non-compliance of provisions of O.41.R.31 CPC may not result in vitiation of judgment - If substantial compliance of provision of O.41.R.31 CPC has been made and actually point of determination has been taken and decided, then mere formal no,..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties are not allowed to fill the lacunae at the appellate stage - It is against the spirit of the Code to allow a party to adduce additional evidence without fulfillment of either of the three conditions mentioned in O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Allowed - High Court, in revision set aside the order - Held, when appeal is pending before lower appellate Court, impugned order passed by High Court cannot be upheld - However, first appellate Court to decide application for additional evidence afresh in the light of observations..........
