Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court without deciding application for additional evidence, has decided the main appeal itself, which is a patent error - Impugned order set aside - Matter remitted back to lower appellate Court for fresh disposal of application...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced were all along in the public domain and if petitioners were diligent, they could have brought these documents at the very beginning before trial Court - Documents have been brought only to fill the lacunae in the case of petitioners - Application..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Stay of decree for payment of mesne profits, passed jointly and severally against defendants - Stay order not reasoned - Therefore, it shall be open for plaintiffs to move a fresh application before appellate Court, praying for mesne profits as also for enhancement of mesne profits during course of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiffs were not able to substantiate the fact that document was not available to them from the time of their filing the suit till the appeal has been filed - Requirements of O.41.R.27 CPC are not satisfied by plaintiff - Application dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Matter can be remitted back by appellate Court to Lower Court U.O.21.R.23-A CPC only after judgment of Lower Court is set aside on merits and retrial of case is considered necessary...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - First appellate Court is a Court of law and facts both - It can appoint a local commissioner and permit parties to lead additional evidence - It can also seek report from trial Court U.O.41.R.25 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Petitioner who was looking after the case was not completely bedridden during the relevant period - No evidence on record that petitioner was not in a position to instruct her advocate to pursue the matter - Except bald allegation against counsel, there is no material available on..........
Civil Procedure Code, 1908, Order 41, Rule 5(2) -- Scope - Stay of execution - Provision of O.41.R.5(2) CPC applies, if execution is filed within the limitation period for filing appeal against the trial court's decree...........
Civil Procedure Code, 1908, Order 41, Rule 23A, 25 -- Remand - Whenever an appellate Court is of the view that an additional issue ought to have been framed by trial Court then correct course to be adopted by Appellate Court is to frame the additional issue and thereafter remand the matter back for adjudication of that additional issue - Wholesale remand of matter is held..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Where evidence on record is sufficient, Court of appeal would decide the issue on merits and should avoid an order of remand as the same gives longevity to litigation...........
