Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - Exercise of jurisdiction u/s 100 CPC r/w S.41 Punjab Courts Act - Though in view of S.41 of the Punjab Act, it is not necessary to frame a substantial question of law, jurisdiction of High Court under second appeal cannot be exercised for re-appreciation of evidence...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment or decree during pendency of appeal - Where judgment or decree injuncts either of parties before Court from performing any particular act, ordinarily, no stay of such an order can be sought as it would amount to placing the clock back and restoring status quo ante...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of a judgment and decree during pendency of appeal - An order which restraint dis-possession cannot, ordinarily, be stayed at an interlocutory stage in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment and decree during pendency of appeal - Stay of a judgment or decree is a concept unknown to law - What can be stayed is the operation or execution of a judgment or decree...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Correction of error in restoration application for restoration of appeal dismissed in default - Court below committed error by rejecting said application for correction on the ground that said application was not maintainable rather application should have been filed under provisions of O.22.R.4 and O.6.R.17 CPC - Impugned..........
Punjab Courts Act, 1918, Section 41, Civil Procedure Code, 1908, Section 100 -- Second appeal - In State of Haryana Court in second appeal is not required to formulate a substantial question of law, as S.41 of Punjab Courts Act is applicable in State of Haryana and not S.100 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First appellate Court - Non-framing of points of determination - First appellate Court had not framed points for consideration as contemplated U.O.41.R.31 CPC - This lead to infirmity in judgment of first appellate Court - Judgment of first appellate Court set aside - Matter remanded back for fresh consideration...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay of 645 days in filing appeal - Negligence/inaction on the part of petitioners in preferring appeal is on record - Petitioners failed to show any sufficient cause for condoning delay of 645 days in filing appeal - Application for condonation of delay rightly dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Un-registered prior partition deed is not required for effective adjudication of controversy between parties, as same cannot be admitted in evidence - Even, averments made in affidavit filed in support of application does not satisfy ingredients enumerated under..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When the Photostat copy of document in question is already on record and plaintiff himself produced the same on record and said document is registered sale deed, genuineness of which is not in doubt, Appellate Court rightly allowed the application U.O.41.R.27 CPC...........
