Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Judgment of appellate Court - Reasoned decision - Appellate Court neither considered evidence on record nor assigned reasons for reversing findings of trial Court - It was duty of Appellate Court to deal with, consider and appreciate evidence on record and record findings with reasons while arriving at a..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court without giving opportunity to other side, received the documents in question and marked the same - For testifying genuinety of said documents, opportunity to other side must be given - Impugned order of allowing application U.O.41.R.27 CPC set aside - Matter remitted..........
Punjab Courts Act, 1918, Section 41, Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of second appeal is not to interfere with findings of fact on the ground that findings are erroneous, however, gross or inexcusable the error may seem to be - Findings of fact will also include the findings on the basis of documentary evidence - Jurisdiction to..........
Punjab Courts Act, 1918, Section 41, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - First Appellate Court returned a finding that plaintiff was ready and willing to perform contract and that defendants cannot take plea that they were not aware that son of plaintiff was power of attorney of plaintiff - Findings recorded by First..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents which defendants propose to mark are in no way connected with suit property - Such documents are irrelevant documents and not material to facts in issue in the case - Even there is no pleading in written statement regarding such documents - No reasons were substantiated by..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Since trial Court decided the suit only on the question of maintainability of the suit and has not recorded findings on other issues therefore, appellate Court by reversing findings of trial Court in respect of maintainability of the suit was required to remit the matter to trial Court for deciding the other..........
Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Appeal - Cross objections filed in appeal - Dismissal of appeal though on merits, yet by itself would not result in dismissal of cross objection also - Cross objection had to be disposed of on its merits notwithstanding dismissal of appeals as provided U.O.41.R.22(4) CPC...........
Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Appeal - Cross objections filed in appeal - Rejection of cross objection without any discussion and reason cannot be countenanced and therefore, not legally sustainable - Matter remitted...........
Punjab Courts Act, 1918, Section 41 - - Translation of gift deed - Partition suit - Plaintiff executed gift deed in favour of his stepmother - Gift deed was originally written in Urdu and was thereafter translated to Punjabi Language and next translation was done in English as also transliteration - There would be reliance on an inaccurate document if translation and..........
Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, Section 41, 42 - - Determination of surplus land - Plaintiff contended that since he divorced his wife much before coming into force of Act, property inherited by his wife not to be considered to be holding of family - However, concurrent findings of fact on record that there was no customary divorce between..........
