Civil Procedure Code, 1908, Order 41, Rule 33 -- Accident - Compensation - Appeal, seeking for a right of recovery against the transferee from the insured since he had failed to inform the insurer in the manner prescribed - Insurance Company aggrieved by the fact that the right must have been granted in enforcement in the very same proceedings and it could not have been..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Appeal - Additional Evidence - Rejection of application - As per petitioner, respondent No.1 has sold the premises in year 2005 and he is now no more owner of structure and has no locus-standi to file eviction petition - Petitioners have already placed on record copy of sale deed whereby respondent No.1 has sold..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - These provisions confer wide powers on appellate court to do justice between the parties - Power to be exercised subject to three limitations : (a) Firstly these powers cannot be exercised to the prejudice of a person who is not a party before a court; (b) Secondly this power cannot be exercised in favour of a claim..........
Land Acquisition Act, 1894, Section 23(1A), Civil Procedure Code, 1908, Order 41, Rule 33 -- Acquisition of land - Compensation - On reference, award enhanced - State challenged the award of Reference Court - The landowner, instead of filing appeal or cross-objection, filed application under Order 41 Rule 33 of Code claiming additional compensation - Held, landowners who..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal filed without certified copy of decree - Appeal duly entertained - Subsequently appeal cannot be dismissed on the ground that it did not accompany the certified copy of the decree - Subsequent filing of the decree which was brought on record cured the defect, if any...........
Civil Procedure Code, 1908, Order 41, Rule 24, 5 -- Suit for declaration and permanent injunction - Suit dismissed - Appellate court remitted the case back to the trial court on the ground that trial court decided issue No.1 in six lines and issue No.6 in just nine lines - Held, if there is a sufficient evidence on record, then it was for the first Appellate Court to..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Non-framing of issues - Remand by first appellate Court - Trial court failed to frame essential issues arising out of pleadings - Also omitted to decide real controversy between the parties - Error was rectified by first appellate court by way of framing the issues and directed trial court to record findings on indicated..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Power of appellate court to remand - If there is sufficient evidence to decide the case on merits, then it becomes statutory duty of appellate court to decide the case on merits - Appellate court cannot straight away resort to O.41.R.25 of the Code to pass an order of remand - Order of remand be made where trial..........
Civil Procedure Code, 1908, Order 41, Rule 31(c) -- Suit for declaration - Defendants contested suit and filed counter claim - Trial Court dismissed suit but allowed counter-claim - Appeal filed by plaintiff dismissed and also set aside counter-claim - Judgment & decree of first appellate Court set aside - Held, lower appellate Court has not given appreciable reasons to..........
Civil Procedure Code, 1908, Order 41, Rule 24, 25 -- Remand - Order of remand can only be made, where the trial Court has omitted to frame or try any issue, or to determine any question of fact essential to right decision of the suit - Provisions of remand cannot be invoked to enable the parties to have a second innings with a view to fill-up the lacuna in the pleadings or..........
