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Articles for Order Xli Rule

Parties In Appeal Not Entitled To Produce Additional Evidence As A Matter Of Right, Only Permitted In Exceptional Circumstances: Gujarat HC
1 month ago

Parties In Appeal Not Entitled To Produce Additional Evidence As A Matter Of Right, Only Permitted In Exceptional Circumstances: Gujarat HC

Live Law  

Another exception is that the appellate court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the appellate court may allow such evidence or document to be produced, or witness to be examined. A bare perusal of the aforesaid provision, it is found out that …

Appeal Evidence Court Documents Order Case Cpc
The Complete Supreme Court Annual Digest- 2023 [Part-III]
8 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-III]

Live Law  

Citizenship The Supreme Court sets aside the ex-parte order of the Foreigners Tribunal which declared a woman non-indian. Pramod Sinha v. Suresh Singh Chauhan, 2023 LiveLaw 596 Section 33 - Judgment and decree Code of Civil Procedure, 1908; Section 33, Order XX Rule 4, 5; Order XLI Rule 23, 23A, 24 and 25 - Remand - High Court passed order …

India Odisha Delhi Supreme Court High Court Bihar Constitution
[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court
9 months, 2 weeks ago

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. A single judge bench of Justice G Basavaraja allowed the appeal filed by Dhanayya and his legal heirs questioning the judgment and decree dated 04.03.2017 passed by the Senior …

Appeal Counsel Court Order Appellants Kar Order Xli
Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)
11 months, 3 weeks ago

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Pradeep Mehra v. Harijivan J. Jethwa, 2023 LiveLaw 936 : 2023 INSC 958 Code of Civil Procedure, 1908; Section 47 read with Order XXI - Executing …

India Supreme Court High Court Procedure Court Civil States
Order 41 Rule 17 CPC - Appeal Can't Be Dismissed On Merits If Appellant Fails To Appear; To Be Dismissed For Non-Prosecution : Supreme Court
1 year ago

Order 41 Rule 17 CPC - Appeal Can't Be Dismissed On Merits If Appellant Fails To Appear; To Be Dismissed For Non-Prosecution : Supreme Court

Live Law  

The Supreme Court stated that if the appellant does not appear when the appeal is called for a hearing, then the same can be dismissed for non-prosecution and not on merits. - Nothing in this sub-rule shall be construed as empowering the Court to dismiss the appeal on the merits.” The Bench of Justices BV Nagarathna and Justice Ujjal Bhuyan, …

Supreme Court Appeal Order Hearing High Appellants Merits
Real Estate Appellate Tribunal Can Appoint Commission For Getting Material Aspects Required For Settling Disputes: Kerala High Court
1 year, 1 month ago

Real Estate Appellate Tribunal Can Appoint Commission For Getting Material Aspects Required For Settling Disputes: Kerala High Court

Live Law  

The Kerala High Court recently laid down that that the Kerala Real Estate Appellate Tribunal, which has special power to regulate its own procedure, can appoint a Commission as well, if the Tribunal is of the opinion that appointment of such a Commission is necessary for getting certain material aspects, which are required for the purpose of deciding the matter …

Procedure Court Kerala High Court Power Order Tribunal Commission
Complete Supreme Court Yearly Digest 2022- Part-2
1 year, 10 months ago

Complete Supreme Court Yearly Digest 2022- Part-2

Live Law  

Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Code of Civil Procedure, 1908; Section 96, 105 and Order IX Rule 13 …

India Supreme Court High Court Judgment Court Civil Procedure Financial Institutions
Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court
1 year, 10 months ago

Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court

Live Law  

The Supreme Court observed that mere filing of the appeal would not operate as a stay under Order XLI Rule 5 of Code of Civil Procedure.In this case, the petitioner had approached the Patna High Court seeking a direction to the District Magistrate to grant ‘No Objection Certificate’ for starting MS/HSD retail outlet dealership over land. The Supreme Court observed …

Appeal Court Civil Procedure Order High Cpc Noc
Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)
1 year, 11 months ago

Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Code of Civil Procedure, 1908; Section 96, 105 and Order IX Rule 13 …

India High Court Judgment Procedure Court Civil Civil Procedure
OXLI R25 CPC | Appellate Court Not Obligated To Remand Matter Back For Fresh Trial Merely Because It Framed New Issues: MP High Court
2 years, 1 month ago

OXLI R25 CPC | Appellate Court Not Obligated To Remand Matter Back For Fresh Trial Merely Because It Framed New Issues: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the lower appellate court is not required to set aside the judgment and decree in a matter, thereby remanding it back to the trial court to be decided afresh, merely because it had framed new issues. Furthermore, since the lower appellate court had framed new issues and had taken additional …

Trial Court Order Cpc Rule Matter Lower
Order XLI Rule 3-A CPC | Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently: J&K&L High Court
2 years, 3 months ago

Order XLI Rule 3-A CPC | Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court while answering a question as to what are the consequences if an appeal is not accompanied by an application as mentioned in Subrule of Rule 3A in Order 41 of CPC observed, "The Deficiency of not accompanying application for condonation of delay is curable defect and if required such an application can …

High Court Appeal Courts Application Order Delay Cpc
Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC
2 years, 4 months ago

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC

Live Law  

The Sikkim High Court recently dismissed a petition filed under Article 227 of the Constitution seeking permission to amend plaint and file a written statement to the counter-claim filed by the respondents, pending proceedings before the Civil Court under Order XLI Rule 25 CPC.The provision provides that an Appellate Court may frame certain additional issues for examination and refer them. …

Constitution Court Order Cpc Filed This Court Issues
Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]
2 years, 6 months ago

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]

Live Law  

Code of Civil Procedure, 1908 - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant …

Law High Court Judgment Procedure Court Civil Civil Procedure
[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC
2 years, 11 months ago

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

Live Law  

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It …

Appeal Counsel Court Order Case Suit Cpc
Order XLI Rule 5 CPC Only Permits Stay Of Execution Of Decree, Not Stay Of Operation Of Judgment: Kerala High Court
3 years, 1 month ago

Order XLI Rule 5 CPC Only Permits Stay Of Execution Of Decree, Not Stay Of Operation Of Judgment: Kerala High Court

Live Law  

The Kerala High Court recently held that Order XLI Rule 5 of the Code of Civil Procedure only provides for stay of the proceedings under a decree or stay of execution of the decree and does not empower the appellate court to stay the operation of the judgment,Justice V.G Arun allowed the original petition with a direction to the appellate …

Judgment Court Kerala High Court Order Proceedings Cpc Rule
First Appellate Court Should Deal With All Issues And Evidence And Follow Procedure Under CPC: Supreme Court
3 years, 2 months ago

First Appellate Court Should Deal With All Issues And Evidence And Follow Procedure Under CPC: Supreme Court

Live Law  

The Supreme Court observed that it is the duty of the First Appellate Court to deal with all the issues and the evidence led by the parties before recording its findings.First appeals are to be decided after following the procedure to be followed under the Code of Civil Procedure, the bench of Justices MR Shah and AS Bopanna observed. Perusing …

Supreme Court Appeal Evidence Procedure Specific Performance Trial Court Order
Article 136: Pure Question Of Law Can Be Raised For The First Time In SLP: Supreme Court
3 years, 4 months ago

Article 136: Pure Question Of Law Can Be Raised For The First Time In SLP: Supreme Court

Live Law  

The Supreme Court observed that it can entertain new grounds raised for the first time in an appeal under Article 136 of the Constitution if it involves a question of law which does not require adducing additional evidence. The principle in Order XLI Rule 22 of the Code of Civil Procedure furthers the cause of justice by providing the party …

Supreme Court Jurisdiction Constitution Court Party Order Cpc
Order XLI Rule 22 CPC- Cross Objection Not Necessary To Challenge Adverse Findings: Supreme Court
3 years, 4 months ago

Order XLI Rule 22 CPC- Cross Objection Not Necessary To Challenge Adverse Findings: Supreme Court

Live Law  

The Supreme Court observed that a party in whose favour a court has decreed the suit can challenge an adverse finding before the appellate court without a cross objection.It is not necessary that a challenge to the adverse findings of the lower court needs to be made in the form of a memorandum of cross-objection, the bench comprising Justices DY …

Supreme Court Jurisdiction Constitution Court Order Cpc Bench