Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Trial Court, notwithstanding the remand order continues to possess (except as circumscribed by the remand order, in the matter of enquiry into the issues) all the powers conferred on it by the Code...........
Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case for fresh decision - Trial court has power to allow withdrawal of suit with permission to file fresh suit on the same cause of action...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Court without deciding the application, ventured to take into consideration the additional evidence which was sought to be produced - Judgment and decree under appeal vitiated - Matter relegated back to lower Appellate Court for de novo consideration...........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 41, Rule 23 -- Decision on all issues - Duty of Court below - Held, all courts whose orders are not final and appealable should decide the lis before it on all issues as may be raised by the parties though in its comprehension the same can be decided on a single or any given issue without going..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - De novo trial - Issue of estoppel and locus standi - Failure to record finding thereon - Held, suit could not be remanded merely because trial court failed to record findings on issues regarding estoppel and locus standi of plaintiff to file suit - Moreover, judgment and decree of the trial Court could not..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Code provides for an appeal against the decree and not against any finding contained in the judgment - In a case where decree is entirely in favour of a party but there is a finding in the judgment which goes against him, Code gives him a right to take cross objection against such finding on an appeal..........
Civil Procedure Code, 1908, Order 21, Rule 41 - - Filed against deceased J.D. - L.R's of deceased J.D. without being impleaded cannot be directed to appear in Court for the purpose of examination U.O.21.R.41 CPC - Before the petitioners could be summoned, they would have to be impleaded as parties in place of deceased J.D. and before impleading them, they cannot be..........
Civil Procedure Code, 1908, Section 153A, Order 41, Rule 11 -- Correction of decree or order - Power of High Court - Clerical mistake - Held, S.153-A comes into play when the judgment passed by trial Court becomes a subject matter of an appeal and is decided in terms of O.41.R.11 of CPC - It was an enabling section and does not bar superior Court to exercise its own powers..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 107, Order 41 -- Arbitration award - Objections - Power of Court while entertaining an application u/s 34 of the Act is akin to the appellate jurisdiction so as to find out whether the award is liable to be set aside on any one or more grounds specified in S.34 of the Act...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Second appeal - Restoration application - Rejection by High Court - Challenge thereto - Held, in the facts and circumstances of the case restoration application ought to have been allowed by High Court - Impugned order passed by High Court set aside and Second Appeal is restored to its original number - In view of the fact..........
