Civil Procedure Code, 1908, Order 41, Rule 17 -- Dismissal of appeal for appellant's default - If appellant does not appear, Court may, if thinks fit, dismiss the appeal for default but it has no power to dismiss the appeal on merits...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- A judgment - can be supported by the party in whose favour the same has been delivered not only on the grounds found in his favour but also on grounds that may have been held against him by the Court below...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in second appeal - High Court may permit any additional evidence in second appeal where it appears that same is in the interest of justice or same refers to subsequent happenings or events which are relevant for disposal of second appeal...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - Order of remand must be in conformity with O.41.Rr.23, 23-A & 25 CPC - Remand is not to be ordered if case does not fall under these provisions...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal - Cross-objections are in the nature of cross appeal - To be registered and numbered separately - However, the same have to be decided along with main appeal - In the instant case cross objections not decided - Impugned judgment and decree set aside - Matter remitted for decision afresh, after hearing the parties...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - It is very well in the domain of appellate Court to direct parties to produce particular document or witness in case it comes to conclusion that perusal of such document or statement of witness is necessary for proper adjudication of matter...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Appellate Court has to frame points for determination, decision thereon, reasons for decision and where decree appealed from is reversed or varied, relief to which appellant is entitled - First appeal is a valuable right of parties and unless restricted by law, whole case is therein open for rehearing both on..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed to even that party who has not lead any evidence in the trial Court, provided he fulfills the conditions as enumerated in O.41.R.27(1)(aa)...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Examination of witnesses by way of additional evidence at appellate stage cannot be allowed, as it would lead to denovo trial...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Power of remand can be exercised by appellate Court either U.O.41.R.23 or R.23-A CPC - While R.23 could be exercised when suit is disposed of by trial Court on a preliminary issue and R.23-A can be invoked when suit is disposed of otherwise than on preliminary point and when decree is reversed in appeal and..........
