Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Mere fact that certain evidence is important is not in itself a sufficient ground for admitting that evidence in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where a party on whom onus of proving a certain point lies fails to discharge the onus, he is not entitled to a fresh opportunity to produce evidence, as Court can in such a case, pronounce judgment against him and does not require any additional evidence to enable it to pronounce..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Tenant sought to produce some additional evidence - However, suit was contested by tenant for about 16 years - No averment in application that why alleged additional evidence is necessary to decide real controversy involved in the revision - Application filed on mere..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 5(1) -- Restoration of suit dismissed in default - Court has inherent power to restore suit dismissed in default U.O.9.R.5(1) CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Expression - `law' occurring in O.7.R.11(d) CPC includes judicial decisions of Supreme Court, as authoritative pronouncement of Supreme Court is law of land...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Order to proceed ex parte does not mean that defendants are precluded from participating in remaining proceedings to be held on subsequent dates...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendants were not present on relevant date despite sufficient service - Trial Court proceeded ex parte against defendants - It was still open to defendants to appear before next date and participate in remaining proceedings - However, defendants chose to remain absent and ultimately filed..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of writ petition - Death of defendant No.3/petitioner - Defendant No.3 was impleaded in the suit not in his personal capacity, but on account of claim of alleged right of management of trust property - Consequently, on death of defendant No.3, his heirs and LRs are not required to be brought on record nor writ..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of execution petition - Court not to go into merits and make observations thereon while allowing withdrawal of execution petition with liberty to file a fresh execution petition...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Abatement of suit - Delay in bringing on record LRs of deceased defendant - Condonation of delay - In deciding application for setting aside abatement of suit and condonation of delay in taking steps for substitution of LRs, a liberal approach should be taken so that substantial justice may..........
