Civil Procedure Code, 1908, Order 41, Rule 27, 23A, 25 -- Additional evidence at appellate stage - Appellate Court cannot remand the case to trial Court - Appellate Court could have framed additional issues and called for findings on such additional issues or could have remanded the case after reversing the decree passed by trial court and finding the retrial necessary -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for additional evidence must be taken up alongwith appeal - If Court finds that a party has a good reason to produce additional evidence, Court has two options: (i) to allow additional evidence to be brought and if it refers to any document, consider the same if it did not..........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 31 -- Review - Appellate Court not required to decide appeal after going through record of case and judgment of subordinate Court and after complying with provisions of O.41.R.31 CPC when appellant before it had not addressed Court on said issues - Absence of affidavit by either party..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Court of appeal - Exercise of power - Held, power cannot be exercised to prejudice of a person who is not a party before Court - Power cannot be exercised in favour of claim which has been given up or lost - It cannot be exercised when such part of decree which has been permitted to become final by a party is reversed to..........
Land Acquisition Act, 1894, Section 23, 31, Civil Procedure Code, 1908, Order 41, Rule 33 -- Acquisition of land - Compensation - Held, once Court has taken the view that claimant is entitled to enhanced compensation, he should not be denied same on mere technical grounds of no, filing of appeal by claimant...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - Adverse findings against respondent - Challenge to - Respondent can challenge findings recorded against him in plaintiff's appeal itself without filing cross-objection...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23, 25 -- Remand - Trial Court directed to appoint Commissioner for site inspection and decide ownership of disputed plot on the basis of report of Commissioner - Held, Local Commissioner cannot be appointed to collect evidence nor can ownership be decided on the basis of report of Commissioner - On the other hand, case does..........
Evidence Act, 1872, Section 68, Civil Procedure Code, 1908, Order 41, Rule 27 -- Certified copy of document cannot be received in evidence when its execution is denied - Such document can be proved only as provided u/s 68 of Evidence Act - Appellate Court cannot call for a document the genuineness of which is disputed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - In case Court finds that further evidence is required to render a fair and proper judgment, it is open to Court to remand the case to the trial Court, even if the party requesting for remand was at fault...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23A -- Remand of case - Propriety - Remand of case on ground that proper issues were not framed - Held, if lower appellate Court was convinced that certain issues were not framed by trial Court it should have framed necessary issues - It was incumbent upon lower appellate Court to advert to issues framed by trial..........
