ADDITIONAL EVIDENCE AT APPEALLATE STAGE-Order XLI Rule 27 of C.P.C. seeking permission to file additional documents- a party seeking to file additional documents in the appellate stage must first satisfy the ingredients of Order XLI Rule 27 of C.P.C. Only while considering the appeal, the Court has to decide whether with available materials, all the issues raised in the appeal can be decided fully. Only when the Court comes to the conclusion that additional evidence, both oral and documentary evidence is required for properly and fully deciding the issue in the appeal, can consider the application for filing additional documents. The Court has to decide whether the documents sought to be filed are necessary and will be helpful to decide the issue in the appeal. Even before hearing the appeal, the Court cannot independently hear the application for filing additional documents.
Tag: CPC
Code of Civil Procedure-1908
Code of Civil Procedure – Digest by Justice B.S Chauhan
The Code is a codification of the principles of natural justice. Natural justice means ‘justice to be done naturally’ which is adopted naturally by the habits of every individual. It does not mean godly-justice or justice of nature. It simply means an inbuilt-habit of a person to do justice
Code of Civil Procedure(MCQs)Objective question-2nd Set
A decision or finding given by a court or a tribunal without jurisdiction
(a) can operate as res—judicata under all circumstances
(b) cannot operate as res-judicata
(c) can operate as res-judicata under certain circumstances only
(d) may operate as res-judicata or may not- operate as res-judicata.
Important Judgments – Indian Code of Civil Procedure
CIVIL Procedure Code Amended CPC Salem Advocate Bar Assn VS UOI AIR 2005 SC 3353 Ram Chandra Singh V Savitri Devi and Ors 2003 8 SCC 319 Fraud Santosh V Jagat Ram and Anr MANU SC 0097 2010 SP Chengalvaraya…
Read More Important Judgments – Indian Code of Civil Procedure
Discovery
In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer
Descriptive Questions on Code of Civil Procedure for Higher Judicial Services- Set-1
First Set (1) What is a Compromise Suit and how to set-aside a Compromise Decree? (2) Whether an applicant is competent to move HC with a review petition in case of SLP rejected by a Non-speaking Order ? (3) Setting…
Read More Descriptive Questions on Code of Civil Procedure for Higher Judicial Services- Set-1
Section 144 of the Code of Civil Procedure
Section 144 applies to a situation where a decree or order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose. The principle of doctrine of restitution is that on the reversal of a decree, the law imposes an obligation on the party to the suit who received the benefit of the decree to make restitution to the other party for what he has lost.
M. Gurudas and Ors Vs Rasaranjan and Ors-13/09/2006
Civil Procedure Code, 1908—Order 39, Rules 1 and 2—Temporary injunction—Ingredients—Prima facie case, balance of convenience and irreparable injury—Finding on prima facie case would be a finding of fact.
Rule 1 of Order XVII of CPC- Grant of time and adjournments
where a genuine and bona fide request is made for adjourment, instead of resorting to forfeiture of the right to cross-examine, the court may grant time by levying costs.
Salem Advocate Bar Association, Tamil Nadu Versus Union of India-02/08/2005
Multiple directions have been issued in connection with CPC
Bhagwati Prasad Versus Chandramaul- 19/10/1965
If a party asks for a relief on a clear and specific ground, and in the issues or at the trial, no other ground is covered either directly or by necessary implication, it would not be open to the said party to attempt to sustain the same claim on a ground which is entirely new.
Advocatetanmoy Law Library 