Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Court - Suit for specific performance - Suit filed in the year 2006 and judgment passed in 2010 - Judgment sought to be marked is in respect of a partition suit filed in the year 2014 in between defendants and his family members who are claiming rights over property - Application dismissed as..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Board of Revenue cannot proceed with the hearing of appeal unless pending application U.O.41.R.27 CPC is disposed of in accordance with law...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Second appeal filed by plaintiff is pending before Board of revenue - Board of Revenue cannot proceed with hearing of appeal unless pending application U.O.41.R.27 CPC is disposed of in accordance with law - Board of Revenue held, directed to decide the application U.O.41.R.27 CPC..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced in evidence are relevant and crucial to decision of case - First appellate Court has erred in refusing to permit petitioner to produce and prove the same - Even if documents were in the knowledge of petitioners same could be allowed subject to payment..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - Non-filing of certified copy of order/judgment appealed against alongwith memorandum of appeal - Mere delay in enclosing a certified copy of order/judgment appealed against alongwith memorandum of appeal should not have come in the way of appellant's appeal for being considered on merits by appellate Court -..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Specific Relief Act, 1963, Section 41(h) -- Rejection of plaint - Suit for injunction - Since no other remedy is available to plaintiff to get relief sought in the suit, suit is maintainable before civil Court on the cause of action as mentioned in the plaint - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand - Entire evidence is on record - Lower Appellate Court should have framed an issue U.O.41.R.24 CPC and should have adjudicated the issue by itself - Remand of suit by lower Appellate Court is unwarranted - Lower appellate Court directed to dispose of the appeal as expeditiously as possible...........
Civil Procedure Code, 1908, Section 41 -- Remand - Appellate Court can remand the case back to trial Court if decree is reversed in appeal and retrial of case is considered necessary - However, efforts should always be made by appellate Court to decide the case on merits, rather than remanding the case back to trial Court because it entails delay and decree which has been..........
Civil Procedure Code, 1908, Section 41 -- Additional evidence at appellate stage - First appellate Court has all the powers to record additional evidence or seek report from trial Court after framing an additional issue or allowing application for additional evidence...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Application filed for restoration of appeal should not be dismissed only on the basis of previous conduct of appellant...........
