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appellants by observing thus:
A perusal of provision of order 41 rule 3A shows that
when an appeal is presented ... placed a very narrow construction on Rule 3A
of Order 41 of the Code of Civil Procedure (for short
Supreme Court of India
before the appellate authority, he moved an
application under Order 41, Rule 27 of the Code of Civil
Procedure contending ... first appellate court with a proper application under order
41, rule 27 of the Code of Civil Procedure
Supreme Court of India
findings could not be attacked by
the respondents under Order 41 Rule 22 as amended in 1976.
The findings ... schedules could be permitted to
rely on Order 41 Rule 22 CPC(as amended in 1976) and to
contend that
Supreme Court of India
have, in the purported exercise of power under Order 41 Rule
33 of the CPC, reversed the decree in respect ... committed no error of law in
exercising power under Order 41 Rule 33 of the CPC and passing a decree
Supreme Court of India
that appeal, the appellant also filed an application
under Order 41, Rule 27 (CMP No.2972 of 2000) for accepting ... stage as additional evidence. Referring to the provisions of
Order 41, Rule 27 of the Civil Procedure Code (hereafter
Supreme Court of India
common question of law regarding the scope of order 41, rule
22 and order 41, rule 33 of the Code ... Commissioner on the
basis of the provisions of order 41 rule 22.
181
The sole contention raised on behalf
Supreme Court of India
Proof on Plaintiff.
Code of Civil Procedure, 1908: O.41 Rule 33.
Scope and applicability of--Ingredients ... High Court to have exercised power under Order 41 Rule 33
C.P.C. to set aside the decree passed
Supreme Court of India
appeal below was justified under the provisions of Order 41, Rule
83, Civil P. C., in modifying a part ... objection on the side of the
plaintiffs, but under Order 41, Rule 33, Civil P. C., I think the
appellate
Patna High Court
short, the 'Act', in the context of Order 41, Rule 33, CPC by
another learned single Judge of this Court ... claim as it may specify in this behalf."
Order 41, Rule 33, CPC:
"33. Power of Court of Appeal
Madhya Pradesh High Court
Motor Vehicles Act, 1988.
Cross Objection under Order 41 Rule 22 CPC.
Date of Order :- April 08, 2011
PRESENT ... defend his stand, Mr. Mehta has relied upon Order 41 Rule 22 CPC read with Order 41 Rule
Rajasthan High Court
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