Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay in filing appeal - Unless and until, delay in filing an appeal is condoned, appeal cannot be decided on its merits...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Delay of 44 years in filing appeal - Whenever a time barred appeal is preferred, an application u/s 5 of the Act is required to be filed along with such time barred appeal and if no separate application is submitted, then reasons of delay are required to be discussed in..........
Civil Procedure Code, 1908, Order 41, Rule 6 -- Stay of execution - Petitioner filed appeal during pendency of execution of judgment and decree - However, property of petitioner is attached which amounts to security in execution - Once property of petitioner is attached, he cannot alienate or sell the same - Further on the day of dismissal of application U.O.41.R.6 CPC,..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points for determination - Neither requisite point of consideration on the point of legal necessity is framed nor findings recorded thereon by appellate Court - Appellate Court has simply recorded concurrence with findings of trial Court without delving into evidence and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Before undertaking the exercise of considering whether a party is entitled to lead additional evidence U.O.41.R.27 CPC, it would be first necessary to examine pleadings of such party to gather if case sought to be set up is pleaded so as to support additional evidence that is proposed..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for leading additional evidence has been considered by Appellate Court without examining the aspect as to whether additional evidence proposed to be led was in consonance with pleadings of defendant and whether such case had been set up by him coupled with the fact that..........
Civil Procedure Code, 1908, Order 41, Rule 25, 27 -- Additional evidence at appellate stage - Application filed U.O.41.Rr.25, 27 CPC is required to be decided along with main appeal and appropriate orders be passed on the said application, after hearing both the parties...........
Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay of 5250 days - When delay of long period of time is sought to be condoned, Court should not rule out involvement of third parties in litigation - Court, in fact, should presume that third party rights may have been created..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents in question are all post suit documents and are all Xerox copies - Reasons accorded for production of additional evidence do not meet the requirements of O.41.R.27 CPC - Application rejected...........
Indian Penal Code, 1860, Section 354A(1)(i), Protection of Children from Sexual Offences Act, 2012, Section 9(e), 9(l), 10, 41 -- Sexual assault - Medical examination was conducted by petitioner in the presence of mother of victim on the first occasion and in the presence of elder sister of victim on the second occasion - It is too hard to believe that petitioner would..........
