Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Sole purpose of filing of application for additional evidence is to get rid of findings recorded by Courts below - This is not permissible - Plea of plaintiff that he was unable to produce the record despite exercise of due diligence cannot be accepted - Application filed does not..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - First appellate Court has not set aside the judgment of trial Court after discussing the merits of the case - There is no categorical appraisal of reasons recorded by trial Court before setting aside judgment and decree passed by trial Court - Order of first appellate Court remanding case back to trial Court set..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - First appellate Court has not uttered a single word in respect of dispute between plaintiffs and defendants on merit, but erroneously remanded the matter back for giving an opportunity to interveners whose claim against defendants is based on entirely different story and cause of action - Order of remand set aside -..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points for determination by first appellate Court - Provision of O.41.R.31 CPC is mandatory and if judgment of appellate Court does not follow provision of O.41.R.31 CPC, judgment is vitiated...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Framing of points for determination by first appellate Court is only to enable it to concentrate and rivet its attention on controversy between parties and to facilitate the weighing and balancing of evidence, facts and considerations appearing on both sides and to arrive at a conclusion..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Scope - O.41.R.27 CPC applies to an appeal from an original decree and not an appeal from an order which is governed by O.43 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Appeal - Non-appearance of appellant - Appeal cannot be dismissed on merits in the absence of appellant after hearing the respondent...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is required to be considered at the time of hearing of appeal on merits so as to find out whether documents/evidence sought to be adduced have any relevance on the issue involved...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Admissibility - True test is whether appellate Court is able to pronounce judgement on the materials before it without taking into consideration the additional evidence sought to be adduced...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points of determination - Provision of O.41.R.31 CPC is mandatory - If judgment of appellate Court does not follow the provision of O.41.R.31 CPC judgment is vitiated...........
