Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Additional evidence sought after preliminary decree was passed declaring 1/3rd share of plaintiff and proceedings were initiated for preparation of final decree - Documents sought to be filed by defendant as additional evidence are irrelevant in view of facts that..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - In case of doubt regarding valuation shown in memorandum of appeal registry can verify the copy of plaint available with counsel for the appellant - Copy of decree of trial Court can at least be produced along with memorandum of second appeal even if decree of appellate Court has not been drawn up...........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - A regular first appeal or regular second appeal, under no circumstances, be refused to be numbered for the reason that memorandum is not accompanied by a copy of impugned decree...........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 23A, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Issues - Omission to frame an issue regarding cruelty - When one party affirmed a fact or law and denied by other, Court is bound to frame an issue or point of consideration depending upon pleadings on record - Trial Court failed to..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Appeal decided without framing point of determination - Framing of point of determination as provided U.O.41.R.31 CPC is mandatory on part of Appellate Court - Judgment passed without following procedure prescribed U.O.41.R.31 CPC is unsustainable and set aside - Matter remitted back to Appellate Court for..........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence at appellate stage - Can be allowed when Court comes to a definite conclusion that it is really necessary to accept the documents as additional evidence to enable it to pronounce the judgment...........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence at appellate stage - Documents sought to be produced are bank accounts which really are not clinching to put the controversy - Order allowing additional evidence, set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding application for additional evidence - Held, appellate Court has committed a serious error...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Provision of O.41.R.31 CPC is mandatory - Points for determination not framed - Judgment not in conformity with said rule, cannot be sustained...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Delay in filing appeal - Where appeal is not accompanied by an application for condoning delay, consequence cannot be fatal - If appellant subsequently files an application to condone delay before appeal is rejected the same should be taken up along with already filed memorandum of appeal and only then Court can treat the..........
