Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Written statement - Amendment sought at appellate stage - Application allowed and case remanded for decision afresh - Not open to Appellate Court to have done so without deciding appeal on merits and without reversing decree appealed against - O.41.Rr.23, 23-A violated and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Document sought to produced by way of additional evidence was in the knowledge of applicant, but no effort was made to bring it on record before trial Court - It is not open to applicant at the appellate stage, to make fresh allegations and call upon other side to admit or deny the..........
Civil Procedure Code, 1908, Order 41, Rule 4, 33 -- Appeal - Power of Appellate Court - Merely for the reason that appellate Court has power to interfere with the decree passed by trial Court against a no, appealing party, it cannot be said that decree against no, appealing party is also the subject matter of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of lower appellate Court - Lower appellate Court while framing points of determination has to satisfy himself and need not give specific reasons or determine point while upholding judgment of trial Court...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 27 -- Additional evidence at appellate stage - Before Admission of appeal or before initiation of hearing of appeal - Cannot be allowed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Evidence cannot be admitted in appeal on the ground that earlier in Lower Court appeal, evidence could not be adduced because of wrong legal advice, as evidence in appeal can be admitted only on three grounds mentioned in O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - If evidence was already available with appellants but was not filed knowingly, such evidences cannot be accepted in appeal U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 27 -- Appointment of local commissioner - Demarcation of suit land - Demarcation report was already carried out strictly as per statement of PW3 - Objection to demarcation report was not filed by defendant no.1 - At this belated stage, appointment of Local Commissioner cannot be..........
Civil Procedure Code, 1908, Order 22, Rule 4(2), 5, Civil Procedure Code, 1908, Order 41, Rule 31 -- Second appeal - While deciding second appeal, it is obligatory upon High Court to properly set out the case of parties, findings recorded by trial Court and first appellate Court, arguments of parties on the questions of law framed in the light of law applicable to the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Cannot be allowed except in three situations mentioned in O.41.R.21 CPC and any evidence given in Appellate Court not covered under said Rule shall not be read in evidence...........
