Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Delay in filing appeal - Condonation of delay - Filing of an application for condoning delay of 1727 days without disclosing reasons and failure to pay court fee at the time of appeal discloses that there was total lack of bona fides in its approach - Delay condoned by High Court after..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Mere discovery of fresh evidence subsequent to decision of lower court is not a ground for its admission in appeal unless appellate court requires that evidence to enable it to pronounce judgment or for any other substantial cause - Additional evidence should not be permitted at..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Document sought to be brought on record a photostat copy which is not admissible under evidence - Appellate court rightly rejected application for additional evidence...........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Dismissal of appeal for appellant's default - Appellant contended that lower appellate court has exceeded its jurisdiction in dismissing an appeal on merits in absence of his counsel and appellant - Appellant has not suffered on account of default or non appearing of his counsel neither court was unfair to him infact it was..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal from decree - Stay of decree - Imposition of condition - Held, an order imposing a condition of deposit at the time of granting stay of decree appealed from is an order in equity and not in law - Condition is imposed to afford reasonable compensation to party successful at the end of appeal - Purpose of order is not to..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal from decree - Stay of decree - Imposition of condition - Held, appellant cannot be heard to contend that it accepts order insofar as it stays execution but objects to conditions...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of operation of the judgment, order and decree - It has the same effect as stay of execution of decree - Power of stay of operation of judgment, order and decree may not be technically available U.O.41.R.5 CPC but is traceable to S.151 CPC - Wherever any judgment, order and decree is likely to visit a party with civil..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Second appeal - Plaintiffs had moved an application for leading additional evidence before first appellate court however, they did not raise any argument before first appellate court on basis of facts, as mentioned in application for leading additional evidence - In instant appeal..........
Civil Procedure Code, 1908, Order 41, Rule 17(1), 21 -- Decree of trial Court - Appeal against - Procedure to be adopted while taking up appeal for hearing - Held, appeal can be heard on merits if respondent fails to appear - Respondent has remedy U.O.41.R.21 CPC to move an application for re-hearing of appeal by demonstrating sufficient cause for no, appearance - But if..........
Civil Procedure Code, 1908, Order 41, Rule 17(1), 21 -- Decree of trial Court - Appeal against - Procedure to be adopted while taking up appeal for hearing - Held, appeal can be heard on merits if respondent fails to appear - Respondent has remedy U.O.41.R.21 CPC to move an application for re-hearing of appeal by demonstrating sufficient cause for no, appearance - But if..........
