Civil Procedure Code, 1908, Order 41, Rule 25, Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- First appellate Court framed three additional issues and remanded the case and directed trial Court to ascertain the issues and to take additional evidence if required - However, revisionist filed an application U.O.8.R.1-A(3) for production of documents - Trial Court..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Framing of new issues by appellate Court - Matter should have been referred to trial Court to take additional evidence on the issues newly framed and try such issues and return the evidence to it together with findings thereon and reasons thereof - Appellate Court not justified in setting aside the judgment and..........
Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 41, Rule 25 -- Framing of additional issues - If for any reason an issue is not raised, nothing prevents parties or their counsel from applying to Court for raising an additional issue - It is of no use if any amount of argument is advanced in appeal if a party has failed to avail this..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Trial Court directed to get correct map prepared and thereafter dispose of issues but First Appellate Court neither set aside judgment nor directed trial Court to return findings and reasons therefor - Further, first Appellate Court instead of fixing any time has disposed of appeal which could not have been done by..........
Civil Procedure Code, 1908, Order 41, Rule 25 - - Eviction suit - Issue regarding other co-owner/members of Hindu Undivided Family not impleaded as party - Tenant admitted having paid rent to plaintiff - On the contrary, there is a statement recorded of plaintiff as per his rejoinder of being landlord - More so, no other co-owners has come forward to challenge or object..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - First Appellate Court framed five additional issues and forwarded the same to trial Court for its decision - Trial Court decided said issues and sent back the record to First Appellate Court - First Appellate Court while deciding appeal has not taken any reference of said decision of Trial Court and thus, completely..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - For consideration of all issues by setting aside judgment and decree - Lower appellate Court ought to have resorted to provision of O.41.R.25 CPC - Order of wholesale remand is legally unsustainable...........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Appellate court has power to refer the issues that may be framed by it, to the trial court for taking additional evidence thereon and in such case, trial court has to proceed to try such issues and return evidence to appellate court together with its findings thereon and the reasons therefor...........
Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 25 -..........
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..........
