Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Suit for permanent injunction - Lower Appellate Court has committed a grave error in not noticing evidence of either of parties, neither returning any definite finding regarding property in dispute, construction or possession of either of parties and has dismissed the same - Since disputed issues between..........
Civil Procedure Code, 1908, Order 41, Rule 23, 25 -- Remand - Trial Court without taking into consideration of relevant basis of valuation and without giving any opportunity of evidence to parties has determined valuation of property solely on basis of Amin report - Additional Amin report is required in the matter and parties have also to be given opportunity of producing..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Scope - Provision of O.41.R.5 CPC provides for only stay of proceedings under a decree or stay of execution of decree - Provision does not empower appellate Court to stay operation of judgment...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - Appellate Court is not expected to exercise power U.O.41.R.33 CPC, while admitting an appeal - Such power can be exercised while considering appeal on merits...........
Civil Procedure Code, 1908, Section 41 -- Remand - Suit for permanent injunction - Appellate Court remanded the matter back to trial Court on the ground that trial Court had not recorded specific conclusion with regard to plot in question - However, judgment of trial Court reveals that categorical finding has been recorded in it with regard to ownership and possession of..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Appellant was not present on the date when case was called, therefore appellate Court dismissed the appeal - However, in a case on a particular fixed date of hearing, if appellant or his counsel do not appear then also Court committed error in dismissing the case..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-consideration, failure or mis-appreciation of an issue may not be a ground to order remand of case, when evidence on record is sufficient for determination of issue by appellate Court. `(Para 4)..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Remand of a case either to fill lacuna in evidence or in the case set up or failure to adduce evidence cannot be a ground of remand, when dispute was within knowledge of parties and proceeded or defended suit with that knowledge - But, when there is denial of sufficient opportunity to adduce evidence resulting..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Latches, inadvertence, negligence cannot be grounds to allow an unsuccessful party before trial Court to lead evidence at appellate stage...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by plaintiff were already on record but could not be exhibited due to inadvertence and by oversight - Plaintiff cannot claim that those documents were not within her knowledge - Rather, it appears that same could not be filed due to latches on her part..........
