Civil Procedure Code, 1908, Order 41, Rule 27 -..........
Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 25 -..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Suit disposed of on a preliminary point - Decree reversed in appeal - Appellate Court can remand the case for fresh trial - U.O.41.R.23-A CPC appellate Court may remand suit to trial Court even though such suit has been disposed of on merits when Appellate Court considers that retrial is necessary...........
Civil Procedure Code, 1908, Order 41, Rule 23-A, Civil Procedure Code, 1908, Section , Order 43, Rule 1(u) -- Trial Court decree reversed by Appellate Court - Case remanded to trial Court for decision afresh after giving parties an opportunity to lead evidence - Such order is passed by Appellate Court in exercise of its power U.O.41.R.23-A CPC - Held, order of remand..........
Civil Procedure Code, 1908, Order 41, Rule 20 -..........
Civil Procedure Code, 1908, Order 41, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - On bifurcation of State matter pertaining to territorial jurisdiction of Uttarakhand High Court transferred from Allahabad High Court - After transfer of matter, notice not issued to parties - Restoration application filed after delay of 10 years -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal - Production of additional documents - First appellate Court has discussed the merits of document sought to be produced and only after coming to note that all documents are in no way relevant to the case of defendant while dismissing I.A., dismissed the appeal also - Reasoning given by First Appellate Court of..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - Procedure to be followed - Held, S.96 of the Code provides the right of an appeal - O.41.R.31 of the Code provides guidelines for appellate Court as to how it has to proceed and decide the appeal - The first appellate Court should independently assess the relevant evidence on all important aspects..........
Civil Procedure Code, 1908, Order 41, Rule 19 -..........
Civil Procedure Code, 1908, Order 41, Rule 27(1) -..........
