Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed where documents were not available either at the stage of trial or during pendency of first appeal and said documents have a bearing on merits of case...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be permitted subject to such conditions and limitations as are prescribed in O.41.R.27 CPC - Mere ground that document can be produced at any time before the decision of appeal is not sufficient to allow additional evidence...........
Civil Procedure Code, 1908, Section 107(2), Order 41, Rule 24 -- Powers of appellant Court - Appellate Court has jurisdiction to adjudicate the dispute and finally determine the issue raised in the suit and pronounce judgment, even if it was not decided by trial Court...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed when it appears to Court that evidence sought to be led is of such a nature that it is material and if substantiated, it would have a material effect on the case and secondly, the evidence sought to be led at the appellate stage could not have been led earlier at the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Powers of appellate Court - It is for appellate Court to examine whether evidence sought to be led at the appellate stage is worthwhile for being permitted to be brought on record...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Hearing of appeal yet to commence - Application for adducing additional evidence can only be considered at the time of hearing of appeal - Lower appellate Court has not exercised its discretionary power in a judicial manner by considering said application before hearing of appeal -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Stage - Board of Revenue without assigning any reason to explain the delay in filing the documents and considering why documents are necessary for proper disposal of case, allowed the application for additional evidence - Applicability of O.41.R.27 CPC to the proceedings under U.P. Land..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 31 -- Judgment of appellate Court - Points of determination - First appellate Court gave cogent reasons for not interfering with the findings of trial Court - Though points of determination have not been framed but appellate Court stated its own points for deciding appeal - No procedural defect in the judgment of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court is required to deal with application for additional evidence at the time of final hearing of appeal and not before that...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Documents sought to place on record by way of additional evidence are allotment letter of demised premises and its conveyance deed - Said documents are public documents, authenticity of which has not been denied by landlady - More so, documents are necessary for..........
