Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Mere fact that certain evidence is important is not in itself a sufficient ground for admitting that evidence in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Even if the petitioner had mentioned in his pleadings before the Trial Court about the said evidence but the same was not produced at the stage of evidence, the same could not be allowed to be brought on record at the appellate stage by moving application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Cannot be allowed except under three circumstances : (i) when the Trial Court whose decree is under challenge in appeal has refused to admit evidence which ought to have been admitted, (ii) when the party seeking additional evidence, establishes before the appellate Court that in..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Ejectment - Appeal - Additional evidence - Appellate Authority allowed application filed by landlady U.O.41.R.27 CPC for examination of her son as witness - Validity - Appellate Authority itself observed in impugned order that landlady had projected need of her son who was stated to be not keeping good health and had..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 41, Rule 27 - - Eviction - Personal necessity - Appeal - Additional evidence - Application to prove that son of landlord is gainfully employed in his business and there is no need of demised premises - It is apparent from record that tenant was aware that son of landlord..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application not to be taken independently of the disposal of appeal - Application has to be decided alongwith the appeal - Application can be allowed when Court finds that additional evidence must be received and that it requires no further oral evidence - However, if the document is..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Exercise of power U.O.41.R.33 CPC - Two requirement for exercise of power are that the parties before the Lower Court should be there before the Appellate Court and the question raised must properly arise out of the judgment of the Lower Court - If these two requirements are there, Appellate Court can consider any objections..........
Civil Procedure Code, 1908, Order 41, Rule 23A, 25 -- Remand - Burden of issues which lay on the defendant not pressed - Held, unless defendant is able to satisfy the Court that he has pressed the issues and findings in this regard recorded by trial Court are wrong and perverse, the question of further adjudication of those issue does not arise - Remand of case for..........
Civil Procedure Code, 1908, Order 41, Rule 23A, 25 -- Remend - Evidence available on record - Appellate Court to decide those issues even if the same have not been decided by the trial Court - If evidence is not on record then instead of remanding back the matter, the appellate authority either to entertain the additional evidence or may ask the trial Court to take..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Amendment of pleadings at appellate stage - Consequent evidence thereto - Consequent evidence to the amended pleadings at appellate stage is different than the one in the trial Court - Consequent evidence to amended pleadings at appellate stage is not as a matter of course - When..........
