Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Public document - Cannot be taken on record when there is no pleading to that effect...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents were created only to frustrate the purpose for which civil suit was filed - Application U.O.41.R.27 CPC filed with object to frustrate and defeat the judgment and decree - Application dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First appellate Court - Non-framing of points of determination - Suit filed for declaration and therefore findings of first appellate Court in terms of S.96 r/w O.41.R.31 CPC are required - Since first Appellate Court not framed points of determination, matter remitted back to first appellate Court to decide the..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Agreement to sell - Suit for specific performance - Trial Court partly decreed the suit to the extent of recovery of Rs.40,000/- - Separate appeal or cross objections thereagainst not filed - In the absence of cross appeal or cross objections, first appellate Court could not have recorded a finding that subject..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate authority is required to consider and decide the application U.O.41.R.27 CPC either while passing the main judgment or by virtue of a separate order of even date at the time of deciding the appeal - Since the same is not done, impugned order set aside - Matter remanded back..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First appellate Court - Non-framing of points of determination - If the disputed questions involved in the lis have been elaborately dealt with, judgment of first appellate Court cannot be set aside only for want of framing points for determination...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Jurisdiction U.O.41.R.27 CPC cannot be exercised where evidence sought to be produced by way of additional evidence was withheld intentionally...........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Review of order passed under writ jurisdiction - O.41.R.17 CPC is not applicable to such an application - In absence of counsel for parties, Court is not required to dismiss in default and Court can decide the review application...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Part of the decree which essentially ought to have been appealed against, or objected to, by a party and which that party has permitted to achieve a finality cannot be reversed to the advantage of such party...........
Civil Procedure Code, 1908, Order 41 -- Appeal - Court cannot create any new case at appellate stage for either of the parties - Appellate Court is supposed to decide the issues involved in the suit based on the pleadings of the parties...........
