Civil Procedure Code, 1908, Order 41, Rule 25 -- Additional issue - Framing of by Appellate Court - It is for the concerned Court to decide by using discretion whether to frame any additional issue as prayed by the party - Provision of O.41.R.25 CPC is not mandatory - Held, when trial Court recorded a clear finding after giving full opportunity to parties to lead evidence..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Held, no party can be allowed to lead additional evidence in appeal just with a view to fill up the lacuna left in its case...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41 -- Injunction suit against Father (Karta) not to alienate ancestral property and joint family property - Held, suit not maintainable - Remedy with coparcener is to file suit after alienation seeking declaration that alienation was without legal necessity - Exception to this..........
Civil Procedure Code, 1908, Order 41, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 3 -- Appeal filed in the name of sole appellant who was dead on the date of filing of appeal - Appeal is a nullity - No order for substitution of a legal representative in place of deceased appellant can be passed...........
Motor Vehicles Act, 1988, Section 168, 173, Civil Procedure Code, 1908, Order 41, Rule 22 -- Accident - Compensation - Appeal against award - Tribunal is required to award a fair compensation by considering additional documents sought to be produced before by taking into evidence - Matter remitted for fresh consideration...........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - Filing of an appeal is not an automatic stay of execution of decree - During pendency of appeal it is possible for the decree holder to get the decree executed - Execution of decree during pendency of appeal is subject to the restitution of property in the event the appeal is allowed and the decree is set aside...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence - Proceedings before the executing court - Additional evidence necessary for proper adjudication of controversy - Additional evidence disallowed on the ground that provisions relating to additional evidence deleted through amendment - Held, Court in exercise of inherent powers under Section..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - It is in the larger interest of justice to allow the plea for additional evidence as reception of that evidence would enable the Court to dispose of the controversy completely and effectively - Application allowed...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Once it is proved that the decree is not appealable, application cannot be entertained...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Permission sought to place on record certain documents - Held, without making out a case for additional evidence there is no provision under law by which the documents can be placed on record in second appeal...........
