Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Allowed - High Court, in revision set aside the order - Held, when appeal is pending before lower appellate Court, impugned order passed by High Court cannot be upheld - However, first appellate Court to decide application for additional evidence afresh in the light of observations..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Inspection of building - Revisional stage - Application dismissed as tenant had sufficient opportunities of leading evidence before authorities below, but he failed to do so - Even otherwise, Revision Court would not come to aid of party for collecting evidence - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of appeal - Permissibility - Amendment of pleadings is permissible but memo of appeal does not fall within the meaning of pleadings in view of O.6.R.1 CPC which provides for plaint and written statement only to be part of pleadings - Application for conversion of appeal into revision cannot be treated as an..........
Civil Procedure Code, 1908, Section 151 -- Conversion of appeal into revision - Suit u/s 6 of Specific Relief Act - S.6(3) of Specific Relief Act bars appeal - Plaintiff applied for conversion of appeal into revision, which stands rejected - Court in exercise of inherent jurisdiction has full authority of law and discretion to covert an appeal into a revision or vice-versa..........
Civil Procedure Code, 1908, Section 115 -- Revision - Condonation of delay by First Appellate Court - If order allowing application for condonation of delay is set aside, proceedings before lower appellate Court would stand finally disposed of - Revision, held, maintainable...........
Civil Procedure Code, 1908, Section 115 -- Revision - To satisfy the regularity, correctness, legality or propriety of impugned decision, High court shall not exercise its power as an appellate power to reappreciate or reassess the evidence for coming to a different finding on facts - Revisional power is not and cannot be equated with power of reconsideration of all..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Objections - Application U.0.21.R.99 CPC filed by petitioner dismissed summarily being barred by res judicata - Order passed thereon would not be decree within meaning of O.21.R.103 CPC as issues have not been adjudicated as envisaged U.O.21.R.101 CPC - Revision therefore is maintainable and so the writ..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex parte decree - Setting aside - Dismissal of application for condonation of Delay - It is revision and not appeal which lies against dismissal of application for condonation of delay...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte decree - Setting aside - Dismissal of application - Held, it is appeal and not revision which lies thereagainst...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent vendees - Suit for specific performance - Impleadment allowed with the rider that applicant will join the proceedings from the stage the application was allowed and would pursue the defenses already taken by defendant and will not be allowed to set up a new case by reopening the suit which was in its..........
