Civil Procedure Code, 1908, Order 41, Rule 14 -- Appeal allowed without even issuing notice to respondents - Impugned order set aside - Matter remitted for decision afresh after hearing both the parties...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Dismissal of main appeal on merits without deciding application for additional evidence - Legality of - Held, parties have a statutory right to lead additional evidence and Ist Appellate Court has power to allow such additional evidence, inter alia, for any other substantial cause, as envisaged..........
Civil Procedure Code, 1908, Order 41, Rule 20 -- Appeal - Impleadment of interested person as respondent - Delay of seven years - Board of Revenue while allowing application filed U.O.41.R.20 did not consider that petitioner was interested in the result of appeal or not - Application for impleadment filed on behalf of respondents after seven years - It did not contain any..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Appeal - There was no evidence in support of the pleading - No issue was framed - Point was never raised in Court below - Documents sought to be produced as additional evidence after more than 39 years - None of the circumstances mentioned U.O.41.R.27 is applicable - Held, appellants cannot be allowed..........
Civil Procedure Code, 1908, Order 41, Rule 20 -- Appeal - Impleadment of party - Necessary party - Held, unless the party before lower Court is a necessary party, there is no need to implead him in appeal simply because he happened to be a party before lower Court - It all depends upon the fact as to whether he is a necessary party to appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - A party cannot seek to lead evidence at appellate stage as per his own convenience and choice but the same is governed by the provisions as provided U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 24, Civil Procedure Code, 1908, Section , Order 14, Rule 1, 2 -- Non framing of an issue - Evidence available on record not sufficient for deciding that question - O.41.R.24 CPC cannot be invoked - If at all it was felt that trial Court should have framed specific issue then the matter should have been remanded to the trial Court..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Application not decided by appellate Court - Does not have any effect as the very initiation of proceedings was without any foundation...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Order passed that application shall be decided alongwith the main appeal - Appeal decided without deciding application for additional evidence - Renders the judgment and decree of Appellate Court as illegal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Should not be allowed to fill up the lacunae pointed out by trial Court - Additional evidence can be allowed only (a) when trial Court refused to receive the evidence, which otherwise was admissible, or, (b) where, in spite of its due diligence, the concerned party was precluded from..........
