Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Delay of 168 days in filing appeal - No sufficient cause mentioned in the affidavit regarding delay except making bald unsubstantiated allegation - Basing on lame excuse or unsubstantiated cause, it is difficult to condone delay - Delay not condoned -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Application to take on record original rent receipts showing rate of rent - Explanation given by petitioner that documents were given to previous counsel, who failed to file it, does not appear to be mala fide, as no, filing of such documents was to the disadvantage of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Rejection of application before hearing appeal on merits, is unsustainable and contrary to law...........
Civil Procedure Code, 1908, Section 114, Order 41, Rule 1 -- Review - Practice of changing counsel and filing repeated review petitions deprecated even though consent of earlier counsel on record was obtained...........
Civil Procedure Code, 1908, Section 114, Order 41, Rule 1 -- Review - An entirely new ground which was not raised earlier at the time of hearing of appeal would not be considered for first time at Review stage...........
Electricity Act, 2003, Section 125, 79, Civil Procedure Code, 1908, Order 41, Rule 22, Constitution of India, 1950, Article 12 -- Appeal - Condonation of delay - Declining to condone delay in preferring an appeal against order of CERC - Appellant entered into two Power Purchase Agreements - Failure of appellant in supplying electricity in second PPA agreement at settled..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - Copy of judgment to be accompanied with appeal - Appeal filed accompanied with copy of judgment but without a copy of decree founded upon such judgment - Held, appeal is in proper form as the only requirement is filing of copy of judgment with appeal...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Once the main case is restored to file by setting aside the order of dismissal, interlocutory applications, interim orders passed therein, which were in force at the time of dismissal of appeal, are automatically restored even in..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - When an application for adducing additional evidence is allowed, Court has two options, either to record evidence itself or it may direct trial Court to take such evidence and forward the same to it and thereafter dispose of appeal on merits - Appellate Court has no jurisdiction..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Powers of appellant Court - Appellant Court has no power to grant relief to a no, appealing defendant who lost his counter claim...........
