Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Decree for eviction - Three plaintiffs applied jointly for decree - Trial Court ought to have passed decree in favour of plaintiffs jointly - However, trial Court passed a decree specifically in favour of second plaintiff - First plaintiff had no requirement of suit premises - Reasonable requirement of third..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal by plaintiff - No cross-objection or cross-appeal filed by defendant - Appellate Court committed error in setting aside partial decree passed by trial Court in favour of plaintiff without being challenged by defendant - Impugned order of Appellate Court set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at belated stage - O.41.R.27 CPC does not permit taking of additional evidence unless lower Court has wrongfully refused to admit the same or party producing additional evidence could not introduce his evidence in lower Court for the reason enumerated in O.41.R.27(aa) CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application disposed of as infructuous on the day first appeal was dismissed - Application has to be decided alongwith the first appeal - There is thus procedural error - Matter remitted - First appellate Court to decide appeal afresh and to decide application U.O.41.R.27 without..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand for de novo trial - Suit for specific performance - Ex parte decree passed against all defendants/original owners and subsequent purchasers - Ex parte decree set aside at instance of defendants 3 & 4 - Fresh notice not sent to defendants No.1 & 2 - Defendants No.1 & 2 were entitled for a fresh notice of suit once..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Landlord seeking to adduce photograph of house, information regarding electricity connection to establish acquisition of two houses in vacant state by tenant as acquisition of said land was not in the knowledge at the time of judgment of trial Court - Said evidence is..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of specific issue - Merely because an issue is not specifically framed, cannot be basis for remanding matter, without examining aspect of prejudice suffered by either party to litigation before trial Court, particularly, when parties were clearly aware about such issue and they contested the same by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42(1), (2) -- Contraband - Search and seizure - Search and seizure by a gazetted officer u/s 41(2) of the Act would not attract requirements of S.42(1),(2) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42(1), (2) -- Recovery of 136.1 kg Ganja from accused no.1 - Non-examination of gazetted officer who conducted search would show that best evidence with regard to search conducted by him in terms of S.41(2) of the Act is withheld - Such lacuna in prosecution case cannot be filled up by referring to evidence..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Two important ingredients are to be fulfilled in order to invoke O.41.R.27(1)(b) CPC namely, `requires' and `for any substantial justice' - Requirement thus, must be of Court and not of any party to suit - When Court opines that without additional evidence it cannot pronounce judgment..........
