Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Where appellate Court did not frame any issue and referred matter to trial Court, case falls U.O.41.R.23-A CPC...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of appellate Court - Has to state the reasons for the decision - Absence of analysis not only evinces no, application of mind but mummifies the core spirit of judgment - In the instant case, High Court while affirming the judgment of trial Court, has really not ascribed any reason - There has been no analysis of..........
Civil Procedure Code, 1908, Order 41, Rule 27, 23, 23A -- Remand of case while allowing production of additional evidence - District Court in its discretionary power was justified in giving opportunity to defendant to adduce additional evidence in peculiar facts and circumstances of case, particularly when he has no fault on his part - High Court committed error in setting..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 11 -- First appeal - Dismissal at preliminary stage of hearing - High Court is empowered to dismiss first appeal at preliminary stage of hearing if there is no merit in appeal provided the said dismissal is supported by reasons while exercising power U.O.41.R.11 of CPC...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appellate Court - Compliance of O.41.R.31 CPC - All issues framed by trial Court duly adverted to in appeal, which is substantial compliance of mandate of O.41.R.31 CPC, even though differently worded points for determination have not been framed by First Appellate Court - Moreover, judgment of first Appellate Court is..........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Appellate powers - Appeal questioning decree granting relief of right, title, possession - Neither of parties or counsel appeared on date fixed for hearing - First Appellate Court decided the appeal on merits and granted the relief prayed for - Statutory provisions only empowers First Appellate Court to dismiss appeal for..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appellate Court - Neither points framed for determination nor recorded reasons based on evidence led by parties while reversing judgment of trial Court - Judgment of First Appellate Court, thus, contrary to provision of O.41.R.31 CPC and same set aside - Appellate Court directed to formulate points of determination..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- First Appeal - First Appellate Court can grant relief not prayed for in exercise of its discretion, when facts of such case demand its exercise - However, notice to parties shall be given while deciding appeal U.O.41.R.33 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of specific issue of counter claim pertaining to ownership - Issue pertained to denial of ownership of plaintiff and assertion of same by defendants already framed - Therefore, plaintiff was well aware that there was refutation of claim - Counter claim was not in that way independent claim - High..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41 -- Injunction and temporary injunction - Parameters for deciding temporary injunction application and suit for permanent prohibitory injunction are entirely different - One is governed by O.39.Rr.1,2 CPC and the other is decided on the basis of provisions contained in Specific Relief..........
