Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Permission to adduce - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - However, during pendency of appeal they admitted true fact by executing registered sale deeds - They failed to explain admission made by them in registered sale..........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 27 -- Partition suit - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - Clear admission made by plaintiff and their heir in sale deeds executed during pendency of appeal to effect that there had been partition..........
Civil Procedure Code, 1908, Order 41, Rule 26 -- Suit for declaration of ownership of suit property - Non-examination of public officials - Dismissal of suit - Validity - Held, Courts below were not justified in dismissing suit without examining public officials concerned and also summoning public records concerning disputed property - Impugned judgment set aside - Matter..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Before a party is allowed to produce additional evidence, he has to establish that such evidence was not within his knowledge or could not, after exercise of due diligence, be produced by him at the time when the decree appealed against was passed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Application should be decided along with appeal and cannot be taken up independently without taking up the appeal...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 27 -- Appeal - Order of remand - Validity - Held, right of remand is an exceptional right and before exercising it, it is mandatory for appellate Court to examine materials available - In present case, appellate Court discussed issues framed but avoided to examine them and altogether framed another issues and remanded..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Cannot be permitted to be adduced so as to fill in the lacuna or to patch up the weak points in the case...........
Civil Procedure Code, 1908, Section 102, Order 41, Rule 23, Land Acquisition Act, 1894, Section 4, 6 -- Remand of case - Acquisition proceedings - Propriety of - Prayer only for permanent injunction - No challenge to acquisition proceedings - Specific assertion coupled with materials in written statement about acquisition of land long ago and subsequent events, suit of any..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application has to be decided at final hearing of appeal and not during pendency of appeal...........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 1 -- Return of plaint - Order is appealable U.O.43.R.1 and not U.O.41.R.1 CPC - Decree, even if wrongly drawn, cannot make it appealable U.O.41.R.1 CPC - Second appeal does not lie...........
