Civil Procedure Code, 1908, Order 41, Rule 22, Civil Procedure Code, 1908, Section , Order 20, Rule 12, Specific Relief Act, 1963, Section 16, 20 -- Agreement to sell - Suit for specific performance - Counter claim - Plaintiff put in possession two months prior to execution of agreement to sell - Possession of plaintiff at the time of entry was permissive but is that of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Non-consideration of additional evidence application alongwith main appeal - Effect of - Appellate Court after dismissing application for additional evidence on 05.07.1999 fixed appeal for arguments on 09.08.1999 - It indicates that appeal was not heard on 05.07.1999 - Held, appellate court committed..........
Civil Procedure Code, 1908, Section 100, 107, 108, Order 41, Rule 27 -- Appeal against appellate decree - Powers of appellate court - Held, in an appeal against appellate decree, appellate court has all powers of O.41.R.27 CPC - In present appeal, application U.O.41.R.27 CPC, filed by appellants in lower appellate court can be considered...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Application for - Grant of - Due diligence - Pleadings as to - Due diligence for not producing documents referred in additional evidence application has not been explained - Held, mere reproduction of statutory provision regarding due diligence is not enough - What is necessary are the facts to..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When an application for reception of additional evidence is filed, it is duty of Court to deal with the same on merits...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - It is incumbent on the part of appellate Court to consider at the time of hearing of appeal on merits so as to find out whether the documents or evidence sought to be adduced has any relevant/bearing on the issues involved...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed in three situations, namely (a) (a) whether the trial Court has illegally refused the evidence although it ought to have been permitted; (b) whether the evidence sought to be adduced by the party was not available to it despite the exercise of due diligence; (c) whether..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Order of remand - Appeal against - Lower appellate Court has not formulated any points for its consideration nor it has taken into consideration the legal aspects involved in the matter - Lower appellate Court without any basis has reached to erroneous conclusion to set aside well reasoned judgment and remanded back..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23 -- Remand of suit - Legality - Appellate Court has not considered the law of limitation for filing suit or any other point which are considered by trial Court extensively - Appellate Court without going into the merits and demerits of the matter remanded suit for trial Court for retrial - Held, such order passed by..........
Civil Procedure Code, 1908, Order 41, Rule 22, Civil Procedure Code, 1908, Order 8, Rule 6 -- Suit as well as counter claim dismissed - Plaintiff filed appeal against dismissal of suit - Defendant cannot question the correctness of dismissal of counter claim by way of cross objections - Counter claim for all intent and purposes is a suit and dismissal of same gives rise to..........
