Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for specific performance - Agreement for sale on record, but could not be marked as exhibit - Trial Court found that case of petitioner does not come under fold of provision of O.41.R.27 CPC - Rejection of application U.O.41.R.27 CPC held, proper...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Declaratory decree - Stay of operation - It is only execution of executable decree can be stayed - As execution of declaratory decree is not required as such execution of declaratory decree cannot be stayed - However, since property in lis has to be preserved, direction issued that during pendency of appeal, strict status quo..........
Forest Act, 1927, Section 41, 42 -- Theft of 22 logs of Khair wood - Neither Khair wood logs nor lorry in which it was being transported were produced, which renders the prosecution case fragile and unsustainable - Mere production of seizure memo does not tantamount to production of seized woods and lorry - Unless seized woods produced, mere production of a sample and in..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - In absence of challenge to findings recorded by trial Court, appellate Court could not have reversed it by taking recourse of provisions of O.41.R.33 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - O.41.R.5 CPC does not confer any power or jurisdiction on Appellate Court to stay execution of a decree which is not challenged in that particular appeal...........
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...........
