Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Application for adjournment illegally rejected and defendant was denied a chance of adducing its evidence - Lapse of long period of 35 years but for that defendant cannot be blamed - Matter remanded to trial Court to decide suit on or before 31st July, 2014 after allowing parties to lead their evidence...........
Civil Procedure Code, 1908, Order 41, Rule 3 -- Memorandum of appeal - If a memorandum of appeal arising out from an appellate decree is not drawn up in the manner provided in the code, Court may reject the memorandum of appeal or return the same for the purposes of being amended within the fixed time by Court...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Suit for declaration of title and recovery of possession - High Court upheld title but failed to decide other reliefs - Matter remitted to trial Court for fresh adjudication with regard to reliefs of recovery of possession and permanent injunction only...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - I, executable decree - Trial court passed decree of specific performance in ignorance of fact that property in dispute had already been sold during pendency of suit - Decree became i, executable - Plaintiff entitled to refund of original amount paid to defendant alongwith interest...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Defendant sought to produce notification of State of Punjab by which Municipal limits of Mahilpur has been extended and also requested to examine Halqa Patwari in order to prove that demised premises come within municipal limits - Document sought to be produced is not coming from the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for possession, injunction & redemption of mortgage - No reason as to why document in knowledge and possession of appellant not produced in trial court - It is not duty of this court to call fresh evidence to pronounce a judgment in a particular way - Therefore, documents are not..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Non deciding of application filed U.O.41.R.27 CPC - Impugned order set aside - Appellate authority to decide appeal along with application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 14(3) -- Suit for specific performance - Grant of alternative relief - Appeal thereagaisnt filed by plaintiff - Reversal of decree and grant of relief of specific performance even without issuing notice to those defendants who were proceeded ex parte in the trial Court - Held, Appellate Court committed patent illegality by..........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 26, Rule 9 -- Additional evidence at appellate stage - Appointment of commissioner - Suit for declaration & permanent injunction - Plaintiff failed to prove the identity of property by not furnishing the sketches forming part of Ex p1 to p3 (grant certificates) - Lower appellate court..........
Civil Procedure Code, 1908, Order 41, Rule 27(2) -- Additional evidence at appellate stage - Appellate court if requires any document to be produced or any articles to be examined to enable it to pronounce judgment or any other substantial cause may allow the application for additional evidence...........
