Civil Procedure Code, 1908, Order 41, Rule 27 -- Addition evidence - Power of Appellate Court - Plaintiff has omitted to mark the documents before trial court and the same was accepted as additional evidence by the lower appellate court - No reasons have been recorded before admitting evidence U.O.41.R.27 CPC - Held, it cannot be said that absolutely there is no material..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where additional evidence is taken on record, the appellate court must not determine the issue in appeal - Correct approach in such a case is to frame an issue and then remit the matter back to the trial court for a finding on it...........
Arbitration Act, 1940, Section 17,29,41(a), Civil Procedure Code, 1908, Section 34 -- Arbitral award - Interest - Provision of S.34 of CPC for granting interest from date of filing of award till date of passing of decree - Applicability of - Held, S.34 of CPC is inconsistent with scope of S.29 of Act - CPC had to be applied subject to provision of Act - Interest u/s 34 can..........
Motor Vehicles Act, 1988, Section 173, Civil Procedure Code, 1908, Order 41, Rule 27 -- Civil - Claim petition - Appeal - Additional evidence - Evidence of Investigating Officer and doctor who issued disability certificate as well as of doctor at the Base Hospital, who subsequently treated appellant were not adduced - Required to be adduced to show that appellant..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application not decided by first appellate Court - Held, it was incumbent on first Appellate Court to have decided the application filed U.O.41.R.27 CPC along with the main appeal - Case remanded back to first Appellate Court for deciding the same afresh along with application..........
Civil Procedure Code, 1908, Order 41, Rule 11 -- `After fixing a date of hearing the appellant' - Means Court should fix a date for hearing the appellant on the merits of the appeal - Hearing is not an empty formality but denotes substantial right of being heard - Court then has to apply its mind to the merits of appeal and then alone Court can pass an order of dismissal...........
Civil Procedure Code, 1908, Order 41, Rule 12, 11, 11A -- `Hearing' - Means final hearing - Court to hear appeal as expeditiously as possible and to conclude such hearing within 60 days from the date on which memorandum of appeal is filed - Fixation of appeal for hearing should be on such day which Court may fix with reference to the current business of the Court...........
Civil Procedure Code, 1908, Order 41, Rule 12 -- Appeal - Appellate Court is vested with very wide powers including framing of additional issues, permitting additional evidence, remanding a case, pronouncing judgments in accordance with law and even admit an appeal for rehearing where the appeal was dismissed in default...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal - Cross objections - Period of one months commences from the date of service, on the concerned party or his pleader - This could be a notice for actual date of hearing or otherwise...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal - Cross objections - Participation at the stage of admission of appeal - Cannot claim at the time of final hearing that the limitation period for him to file cross objections will commence only from the date of service of a fresh notice on him or his pleader...........
