Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Even if the petitioner had mentioned in his pleadings before the Trial Court about the said evidence but the same was not produced at the stage of evidence, the same could not be allowed to be brought on record at the appellate stage by moving application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Cannot be allowed except under three circumstances : (i) when the Trial Court whose decree is under challenge in appeal has refused to admit evidence which ought to have been admitted, (ii) when the party seeking additional evidence, establishes before the appellate Court that in..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application not to be taken independently of the disposal of appeal - Application has to be decided alongwith the appeal - Application can be allowed when Court finds that additional evidence must be received and that it requires no further oral evidence - However, if the document is..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Amendment of pleadings at appellate stage - Consequent evidence thereto - Consequent evidence to the amended pleadings at appellate stage is different than the one in the trial Court - Consequent evidence to amended pleadings at appellate stage is not as a matter of course - When..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - While exercising powers U.O.41.Rr.27, 28 CPC Appellate Court can neither set aside the judgment and decree nor remand the case to trial Court for deciding the same afresh in the light of the additional evidence...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court allowed the application and remanded the case to trial Court - Order passed is ex facie illegal - Unwarranted order of remand giving undeserved lease of life to the litigation deprecated - Impugned order set aside - Matter remanded for decision afresh in accordance..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at second appellate stage - Xerox copy of Will and death certificate - No reason assigned as to why these documents could not be procured and produced either before trial Court or before the first appellate court - No steps taken to examine the author of the certificate - Documents cannot be exhibited,..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed in three contingencies (a) where the trial court has refused to admit evidence which ought to have been admitted; (b) the additional evidence sought to be produced could not be produced despite due diligence before the trial court; (c) and/or where the appellate court..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed under two conditions viz. if said documents were asked to be admitted as evidence before trial Court and trial Court refused to accept the same and when party is able to establish that even with due diligence such evidence was not within his knowledge - In the instant..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Appellate Court framed additional issue - Matter remanded to trial Court for recording evidence of both parties on additional issue and to decide the suit afresh after considering each issue separately - Remand was not for de novo trial - Amendment of written statement cannot be allowed at..........
