Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Not to be allowed unless a case for admission thereof is made out by reference to clause (a) or (aa) of sub-rule (1) of Rule 27 or unless the Appellate Court requires such evidence to enable it to pronounce judgment or for any other substantial cause within the meaning of clause (b)...........
Karnataka Rent Control Act, 1961, Section 50, Civil Procedure Code, 1908, Section 151 -- Revision - Finding of fact - High Court in exercise of revisional jurisdiction has power to reappreciate the evidence and interfere with the same - Revisional power of High Court is wider than power conferred under Section 115 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Applicant filed revision against decree which was pending before Revisional Court - Held, merely filing of or pendency of revision does not take away jurisdiction of trial Court to entertain and dispose of application - When applicant was proceeded exparte without due service of notice,..........
Civil Procedure Code, 1908, Section 13, 44A -- Reciprocating territory - Execution of decree - Purpose of - A Special provision for - Purpose S.44 A would be defeated if it is held that decree of nature mentioned in it should be first put on execution in Court which passed it...........
Civil Procedure Code, 1908, Section 13, 44A -- Execution of decree passed by Court Reciprocation Territory - Objection to - Plea that application for execution of foreign decree could be made only after obtaining leave under O.21.R.22 - Not tenable...........
Civil Procedure Code, 1908, Section 44A(2) -- Issuing Specific Certificate - No format given in the Act - Execution of - Decree passed by Reciprocating territory - Statute has not prescribed any form - Certificate is conclusive proof of extent of satisfaction or adjustment of decree - Certificate in any form issued by Court which passed decree would be a certificate for..........
Civil Procedure Code, 1908, Section 44A(2) -- Section 44A CPC - Purpose of - Execution of decree passed by Court in reciprocation territory - Peoples' Republic of Bangladesh has been declared as reciprocating territory for purpose of S.44A - Courts of District and Subordinate Judges in Bangladesh specified as superior Courts of Bangladesh - Decree passed by these Courts in..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Death of sole defendant during pendency of application U.O.9.R.7 CPC - Plaintiff himself submitted application for bringing on record LRs of defendant - Suit could not have proceeded without deciding said application - Court was under obligation to issue notice to LRs of defendant - Finding of appellate Court that..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 22, Rule 4 -- Exparte order - Setting aside - Death of defendant during pendency of application - Plaintiff informing Court about death of defendant but did not apply to bring on record L.R's - Order of trial Court that suit had abated - Appellate Court remanding case to trial Court - Trial..........
Civil Procedure Code, 1908, Section 100, Order 6, Rule 1, Succession Act, 1925, Section 74, 82 -- Pleadings - Court not to go beyond pleadings - Challenge as to genuineness of Will - Identity and description of subject matter - Not pleaded - Issue also net framed - Finding of first appellate Court that legatees were not entitled to claim ownership over property after..........
