Civil Procedure Code, 1908, Order 41, Rule 23, 23-A -- Suit dismissed by applying the principle of res judicata by treating the issue of res judicata as preliminary issue - Decree reversed - Case remanded - Trial Court to decide the suit after trial, as no trial had taken place in the suit...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - An application U.O.41.R.27 CPC should be considered by evaluating and weighing the facts in their totality to see as to whether evidence sought to be produced is necessary for proper adjudication of the matter...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for additional evidence can be allowed at any stage, provided such evidence is essential for just decision of the case - It is imperative to evaluate any material which could come on record to help the appellate Court to arrive at proper conclusion...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - When an application for adducing additional evidence is allowed, the appellate Court has two options - It may record the evidence itself or it may direct the trial court to do so - Trial Court cannot be directed to dispose of the suit after taking evidence - In the instant case additional evidence..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Must be in accordance with the ingredients prescribed U.O.41.R.27 CPC - Documents sought to be produced by way of additional evidence - No explanation for not producing same before trial Court - Application dismissed...........
Civil Procedure Code, 1908, Order 47, Rule 1, Divorce Act, 1869, Section 41 -- Maintenance - Minor daughter living with mother - Respondent/wife sought maintenance on ground that entire expenses of maintenance and education of minor child is borne by her - Lump sum of Rs.5 lacs directed to be paid for meeting marriage expenses of daughter - Review of judgment sought by..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - First Appellate Court has recorded arguments of both sides on the question of title but did not return any finding on the same either in favour of plaintiffs or in favour of defendant and allowed appeal only on the ground that since plaintiffs are using property in dispute for more than 20 years, hence,..........
Civil Procedure Code, 1908, Order 41, Rule 2, 3, Civil Procedure Code, 1908, Order 6, Rule 17 -- Memorandum of appeal - Amendment - Appellate Court has power to grant leave to amend the memorandum of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 1, 2 -- Memorandum of appeal - Cannot be said to be pleadings as envisaged U.O.6.R.1 CPC which pertains to pleading and according to which pleading would mean plaint or written statement...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Production of additional evidence at appellate stage - Application allowed as evidence sought to be adduced necessary to pronounce the judgment on issue...........
