Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Decree for declaration of title and recovery of possession - Dispossession during pendency of appeal of a party in possession is generally to be substantial loss to party applying for such stay - Application for stay of execution rightly allowed...........
Specific Relief Act, 1963, Section 41(f) -- Injunction - Cannot be granted to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance...........
Specific Relief Act, 1963, Section 41(h) -- Injunction - Cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24 -- Remand - Occasion of remand would arise only when factual findings of trial Court are reversed and a retrial is considered necessary by Appellate Court...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24 -- Remand - Will - Parties had adduced all their evidence, whatever they wished to and it had not been case of plaintiff that they were denied any opportunity to produce any particular evidence or that trial is vitiated because of any alike reason - High Court meticulously examined the evidence and circumstances and..........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5 -- Stay of execution - Revision - Execution proceedings cannot be resisted in revision when main appeal before High Court is yet to be argued either on stay matter or in main appeal - Petitioner has remedy of appeal against appellate decree and judgment to press his application U.O.41.R.5 CPC, if any which decree is..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding application for additional evidence - Where application for additional evidence is filed during pendency of appeal, it is incumbent upon appellate Court to consider and decide the same at the time of final decision of appeal on merits as to whether..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - No explanation as to why application not filed at earliest - However, documents filed along with applications U.O.41.R.27 CPC are necessary to pronounce judgment - Applications rightly allowed and appellate Court rightly remanded matter back to trial Court...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction petition - Bonafide requirement - Landlord has not pleaded that his son is working in Delhi and present premises is required by his son to open a new business or to expand - In these circumstances, it is necessary to grant opportunity to tenant to further..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To produce original Will, primary evidence - Appellate Court to permit production of any document, which would help Court to pronounce judgment or for any other substantial cause - Such power is to advance the cause of justice - First Appellate Court erred in refusing to allow..........
