Civil Procedure Code, 1908, Order 41, Rule 1 -- Appointment of receiver - Injunction has already been granted - Appointment of Court receiver may not be correct order considering narrow dispute between parties - It would be appropriate to direct trial Court to determine the suit proceedings as expeditiously as possible - Moreover, there is a title document in respect of..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Enabling power U.O.41.R.23-A CPC to remit the matter back to lower Court can be resorted to only if judgment passed by Court below is set aside on merits and re-trial is considered necessary...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Allowing of application for additional evidence is not sufficient to remand the case back to trial Court - First appellate Court being Court of fact and law has power and authority to call upon plaintiff to lead additional evidence or seek report from trial Court...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Inadvertent omission in the memo of parties - First appellate Court has erred in failing to notice that there was only an inadvertent omission in the memo of parties prepared by trial Court - However, First appellate Court could have either itself ordered the correction memo of parties of trial Court or directed..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties are barred from producing additional evidence at writ appeal stage, whether oral or documentary except under circumstances postulated in O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Writ appeal - When a party produces documents in a writ appeal, O.41.R.27 CPC would come into play...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties are barred from producing additional evidence at writ appeal stage, whether oral or documentary except under circumstances postulated in O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Writ appeal - When a party produces documents in a writ appeal, O.41.R.27 CPC would come into play...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross appeal - Decree for permanent alimony - Wife filed execution petition against decree for permanent alimony instead of filing appeal - After obtaining execution, wife cannot prosecute a grievance simply because husband had preferred appeal - Where wife had exercised her choice of remedy to be enforcement of direction..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - First Appellate Court should not have proceeded to pronounce judgment without deciding application filed U.O.41.R.27 CPC...........
