Civil Procedure Code, 1908, Order 41, Rule 21 -- Ex parte divorce decree - Setting aside - Decree of divorce passed against wife in absence of his counsel - Even notice of appeal was not served to wife - Ex parte divorce decree passed without hearing wife - Ex parte divorce decree set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Memorandum of oral gift sought to be produced by way of additional evidence - Document not filed in suit, though suit remained pending for about 18 years - Entire case of defendant is based on alleged oral gift and memorandum of gift executing in writing - Defendant thus, have full..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - First appeal is a valuable right of appellant and therefore, appellant was entitled for an opportunity to prosecute their appeal on merits - If appellant's advocate did not appear, Court could impose some cost on them for restoration of their appeal to compensate appellant instead..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 19 -- Condonation of delay - Delay of 176 days in filing application for restoration of appeal dismissed in default - Delay of 176 days cannot be said to be an inordinate delay, more so when matter relates to first appeal - Appellants having lost before trial Court ought to have fair and reasonable..........
Presidency Small Cause Courts Act, 1882, Section 41, Civil Procedure Code, 1908, Section 9 -- Dispute between landlord and tenant - Jurisdiction of civil Court - Whether it is suit between licensor and licensee or between landlord and tenant, such types of suits fall u/s 41 of Small Causes Courts Act - Civil Court thus, has no jurisdiction over such cases...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Original Will could not be produced before trial Court, as same was in the custody of Tehsildar - Reasoning of trial Court proceeds mainly on the basis of original Will not being produced and therefore, signature of testator could not be compared or authenticated - Original Will was..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand - Powers of appellate Court - Evidence of both the parties available on record - Only a legal issue pertaining to question whether suit is barred by limitation, remains undecided - Appellate Court directed to decide the issue of limitation itself being First Appellate Court, as evidence is already led - Order of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - After closure of a lis - Not permissible...........
Criminal Procedure Code, 1973, Section 41 -- Arrest - Mere rejection of anticipatory bail application of accused is no ground to arrest accused - Dismissal of said application leaves accused unprotected against his arrest, but it does not visit accused with inevitable consequence of his being taken into custody by police...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Judgment of first appellate Court shall be in writing and shall state (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled; and shall at the time that it is..........
