Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed in three contingencies (a) where the trial court has refused to admit evidence which ought to have been admitted; (b) the additional evidence sought to be produced could not be produced despite due diligence before the trial court; (c) and/or where the appellate court..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision is not applicable to misc. appeal from an interlocutory order passed on the interim injunction application...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 20 -- Regular Second Appeal - Impleading of a party - Third parties can be impleaded as proper parties to a R.S.A. even when they were not parties to the suit or to the appeal therefrom - O.1.R.10(2) CPC enables Court to implead necessary and proper parties at any stage of the suit in..........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Production of - Discretionary power of Court - Held, in appropriate case, Court can allow the production of additional evidence, if the same is required...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Production of - Photocopy of the attested copy of the documents sought to be produced as additional evidence which were already on record - It also appears that petitioner was given opportunity to cross-examine the witnesses at the time of recording of evidence and thereafter, the said documents have..........
Civil Procedure Code, 1908, Order 41, Rule 3A(1)(2) - - Appeal - Filed beyond limitation - If a revision or appeal is filed beyond period of limitation as prescribed under law then that has to be accompanied with an application u/s 5 of Limitation Act supported with an affidavit disclosing the reason for not approaching Court well within the time, and in absence of such..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 41 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC dismissed - Appeal also dismissed - Revision pending in High Court - Defendant also filed appeal against ex parte decree - Held, first appellate Court can still hear and decide appeal during pendency of revision in the High..........
Civil Procedure Code, 1908, Order 41, Rule 3A(2) -- Appeal - Delay in filing - Application for condonation - Issuance of notice to respondent - Held, provision of O.41.R.3-A(2) mandatorily requires that in case Court chooses not to reject the application for condonation of delay without calling upon the other party, then it has no option but to give a notice of the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - It is only for removing a lacuna in the evidence that appellate Court is empowered to admit additional evidence - Appellate Court cannot allow additional evidence only for the purpose of pronouncing judgment in a particular way and when it without such evidence can pronounce judgment...........
