Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties to the lis are not entitled to produce additional evidence as a matter of course or routine unless they satisfy the test mentioned in O.41.R.27 CPC - Document sought to be produced on record did not satisfy the test laid down U.O.41.R.27 CPC for admitting additional evidence -..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 3 -- No second appeal shall be entertained until and unless memo of appeal contains substantial questions of law - Memo of Appeal when does not contain substantial questions of law or which is not drawn up in the manner provided in the code it must be rejected outrightly...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 3 -- Punjab & Haryana High Court Rules & Orders, Volume I, Chapter XIV, Part B, Rule 10 - Appeal filed in the year 1981 - After 29 years it would not be justifiable to return the memorandum of appeal for re-filing after necessary correction/amendment in the memo of appeal - Appeal deserves to be rejected under Order..........
Civil Procedure Code, 1908, Section 100, 151, Order 41, Rule 2 -- Second Appeal - This court can permit to incorporate substantial questions of law in the memo of appeal by pressing into service Order 41 Rule 2 read with section 151 CPC where the impugned judgment is absolutely without jurisdiction or cannot stand legal scrutiny...........
Civil Procedure Code, 1908, Section 10, Order 41, Rule 2 -- Substantial questions of law - Framing of - Jurisdiction of this Court to permit the appellants to formulate substantial questions of law in the memo of appeal not taken away - It can be exercised when the facts and circumstances of the case so permits...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Additional evidence sought to be led on a plea not raised in the pleadings - Held, not permissible - Parties to the lis are bound by their pleadings - They cannot be allowed to travel beyond their pleadings - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding the application for additional evidence - Impugned judgment set aside - Matter remanded - Appeal to be decided after deciding application U.O.41.R.27 in the first instance...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Sale deed sought to be filed by way of additional evidence - No dispute with regard to ownership and title of plaintiffs over the plots described in the plaint - Order rejecting application by holding that additional evidence would be of no help in pronouncing the judgment - Order..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - A litigant who is unsuccessful in the lower Court cannot be permitted to patch up the weak parts of his case and fill up omissions, in the Court of appeal...........
Motor Vehicles Act, 1988, Section 149(2)(a)(ii), 173, Civil Procedure Code, 1908, Order 41, Rule 27 -- Death in motor accident - Liability of insurer - Driver of the offending vehicle not having valid driving license - Insurance Company exonerated - Appeal in High Court - Owner and driver of the offending vehicle sought to produce additional evidence, by tendering valid..........
