Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Trial Court directed to get correct map prepared and thereafter dispose of issues but First Appellate Court neither set aside judgment nor directed trial Court to return findings and reasons therefor - Further, first Appellate Court instead of fixing any time has disposed of appeal which could not have been done by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where additional evidence sought to be adduced removes cloud of doubt over case and evidence has a direct and important bearing on main issue in the suit and interest of justice clearly render it imperative that it may be allowed to be permitted on record, such application may be..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Stage for appellate Court has not reached to form an opinion whether document sought is an essential document for arriving at a just decision in the case or not - Appellate Court was required to consider this aspect of matter before coming to conclusion as to whether application filed..........
Civil Procedure Code, 1908, Order 26, Rule 4A -- Appointment of Commissioner to record evidence of plaintiff - Court has power U.O.26.R.4-A CPC to appoint Commissioner for recording evidence of plaintiff - Order allowing application calls for no interference...........
West Bengal Premises Tenancy act, 1956, Section 17(2), Civil Procedure Code, 1908, Order 41, Rule 23A -- Eviction petition - Remand of case - First appellate Court did not even discuss evidence on record - Even, first appellate Court did not care to turn to pages of depositions and documentary evidence on record while disposing of appeal mechanically - Moreover, evidence..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Decree for possession - Once plea of collusion, fraud and fabricated settlement taken by defendant No.1 while objecting execution, has already been tested up to Supreme Court unsuccessfully, it was beyond powers of trial Court to have stayed the execution based on same plea - Impugned order of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration filed by defendant against plaintiff - Issues sought to be raised by defendant in her suit would be barred on principles of res judicata and issue of estoppel and accordingly defendant is estopped from raising them again - Trial Court committed error in dismissing application..........
Civil Procedure Code, 1908, Section 34 -- Interest - Penalty clause - Court allowed pendente lite interest @ 9% p.a. - However, in case principal amount is not paid from date of decree rate would be at 11% p.a. - Penalty clause cannot be allowed to sustain and is hereby set aside...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within 120 days - Defence struck off - Strict and too technical view not to be taken especially when respondent is wife and delay is neither willful nor intentional but has been attributed to the slackness of her counsel in defending the case - Defendant allowed to file her written statement..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition for custody of child - Wife failed to adduce even a piece of evidence to substantiate her apprehension that she may not get justice in Court where subject application for custody of child is pending - Even, wife failed to mention a single instance where Learned Judge has disclosed her biased mind or partial..........
