CIVIL PROCEDURE CODE, 1908:

CIVIL SUIT – ADJUDICATORY PROCESS

INTERLOCUTORY PETITION IN A CIVIL SUIT ADJUDICATORY PROCESS:

Civil Procedure Code, 1908: CPC, 1908 contains 158 sections, 51 Orders and One schedule

Definitions—

(1) Code includes rules.

 (2) Decree:   It’s a formal expression of an adjudication given by court which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.

Following are also called as Decrees: i) It shall include the rejection of a plaint

ii) Determination of any question within S.144.

Following are not called as Decrees:

(a) any adjudication from which an appeal lies from an order or          b) any order of dismissal for default.

Decree can be either preliminary or final. A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. A decree can be partly preliminary and partly final.

Decree-holder (3): means any person in whose favour a decree has been passed. It also means any person in whose favour an order capable of execution has been made.

District (4): means the local limits of the jurisdiction of a principal civil court of original jurisdiction (hereinafter referred as District court) and includes the local limits of the ordinary civil jurisdiction of a high court.

Foreign court (5): To call any court as foreign court it must meet two conditions:  a) It must situate outside India b) It must not be established or continued by the authority of India.

Foreign judgment (6): means the judgment of a foreign court

Government pleader(7): includes any officer appointed by the state government to perform all or any of the functions expressly imposed by this code on the government pleader and also any pleader acting under the directions of the government pleader.

High court (7-A); India (7-B);

Judge (8): Presiding officer of a civil court

 Judgement S.2 (9): Judgement means the statement given by the judge on the grounds of a decree or order. Every judgment should contain: a) a concise statement of the case b) the points for determination c) the decision thereon and d) the reason s for such decision.     Items 2 and 3 need not be there in small cause’s court. The court shall record its findings on each issue the findings form part of the judgement. A judgement once signed cannot afterwards be amended or altered except (i) to correct clerical or arithmetical mistakes, or errors due to accidental slips or omissions (S.152); or (ii) On review (S.114).

 As per S.33 upon pronouncement of judgement, a decree shall follow.

 Judgement-debtor (10) : It means any person against whom a decree been passed. It also means any person in against whom an order capable of execution has been made.

Legal representative (11) : As per S.11 CPC the following are treated as Legal representatives:

      i) Any Person who in law represents the estate of a deceased person or

     ii) Any person who intermeddles with the estate of the deceased and where a party sues or sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued.

Mesne profits (12): IF a person is in wrongful possession of property, whatever profits he actually received together with interest on such profits are called as Mesne profits. However, it shall not include profits due to improvements made by the person in wrongful possession.

Movable property (13) including growing crops.

 Order (14) means the formal expression of any decision of a civil court which is not a decree.

 Pleader (15) means any person entitled to appear and plead for another in court, and includes an advocate, a vakil and an attorney of a High Court.

 Prescribed (16) means prescribed by rules.

Who is party? Who can file suit?  Write a note on different kind of parties?

Ans: Party to suit means it can be plaintiff or defendant. Any person who has a right to sue or cause of action can institute a suit and he is called as Plaintiff. Person against whom right is claimed and liability is sought to be enforced is called defendant. OI CPC talks about kind of parties.

Write a note on Cause of Action?

Cause of action: Bundle of facts which entitles to a relief in a suit.  Every plaint must disclose a cause of action; if it doesn’t, it is the duty of the court to reject the plaint (O.7 r.11).

O.II CPC says Plaintiff can unite all or any one of causes of action against one defendant or defendants in one suit. This is called joinder of cause of action.  In such case the jurisdiction of the Court as regards he suit shall depend on the amount or value of the aggregate subject matters at the date of instituting the suit’. However, court has discretion to direct the plaintiff to file a separate suit if opines that it would delay or embarrass the trial. Objection as to misjoinder of cause of action shall be taken before settlement of issues.

Whether court has power to permit a person or body of persons to present opinion or take part in the proceedings?

Ans: Yes, as per R.8A if court is satisfied that a person or body of persons is interested in any question of law which is directly and substantially in issue in the suit and that it is necessary in the public interest.

Whether court has power to strike out or add or substitute any person as plaintiff?

 Ans: Yes, as per Rule.10. If the suit is instituted in the name of the wrong plaintiff the court at any stage of the suit and that it is necessary for the determination of the real matter in dispute adding or substituting any person as plaintiff is necessary, it can do so. However, court must be satisfied that the suit is instituted under a bona fide mistake.

(1)The Court may at any stage of the proceedings strike out any party if party is improperly joined. Similarly, the Court may at any stage of the proceedings add any person as party to the suit if it opines that whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. The addition or striking out of parties can be either at the application of the party or on suo-moto by court.

(2) No person shall be added as a plaintiff suing without a next friend or as the next friend of a plaintiff under any disability without his consent.

(3) Where defendant added, plaint to be amended-

Where a defendant is added, the plaint shall, unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the Court thinks fit, on the original defendant.

(4) Subject to the provisions of the Indian Limitation Act, 1877 (15 of 1877), section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons.

Conduct of suit: The Court may give the conduct of a suit to such persons as it deems proper. If there are more than one plaintiff or defendant, one can be authorised by other to represent them, plead or act in proceeding.

What is Jurisdiction and write a note on various kinds of Jurisdiction?

Jurisdiction: Jurisdiction may be defined to be the power or authority of a court to hear and determine a cause, to adjudicate and exercise any judicial power in relation to it.

Write a note on forum for the institution of different kinds of Suit?

Ans: S:15 to 20 of the CPC1908 regulate the forum for the institution of suits.

S15: Every suit shall be instituted in the court of the lowest grade competent to try it.

Under What circumstances party is barred to file or continue Suit?

How to enforce a foreign Judgment in India?

Presumption as to foreign judgements: As per S:14 the court upon the production of any document purporting to be a certified copy of a FJ, that judgment is pronounced by a court of competent jurisdiction, unless the contrary appears on the record or is proved.

A FJwhich is conclusive u/s 13 can be enforced in india in the folllowing ways:

    1. By instituting a suit on such FJ

    2. By instituting execution proceedings

    3. By instituting a suit on such FJ it may be enforced in india. If such foreign judgment is embodied in a decree of Indian court, the Indian court cannot go into the merits of the origianl claim. Such a suit must be filed within three years from the date of judgeemnt.

    4. A foreign judgemnt can be enforced in execution u/s 44 & 44A of the CPC. U/S 44A, a certified copy of a decree of a superior court in a reciprocating territory can be enforced in the District court, as if the decree is passed by the District court in which the execution proceedings are filed. The judgement debtor may raise all such objectios which are open to him u/s 13 as if a suit had been filed.

What are the others rules that also treated as Resjudiata?

Ans: S.11 explanations list out circumstances which shall also called as resjudicata.

1. The term former suit refers to suit which is disposed of first but not suit which is instituted first
2. Once court of competent jurisdiction is disposed the matter whether matter is appealed or pending is irrelevant.
3. In the former suit one party must have either alleged and other must have admitted or denied.
4. Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.
5. Any relief which is prayed but not granted is deemed to have been refused.
6. This rules applies to representative suit i.e, right claimed is private or public provided it is filed with boanifide intention.
7. The above rules equally applicable to execution proceedings.
8. Even if the matter is decided by court of limited jurisdiction the above rules provided it is a competent court though earlier court which decided the suit jurisdiction is ousted subsequently.

What is the difference between Resjudicata and Res Subjudice? 

What is the difference between Explanation IV Resjudicata and OII Rule 2?  

Write a note on Transfer of suits?

How suit is instituted and with how many days summons must be served on defendant?

Ans: S.26 CPC says every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.   In every plaint, facts shall be proved by affidavit. As per S.27 if the suit has been duly instituted, a summons may be issued to the defendant to appear &answer the claim. They shall be served on the defendant within 30 days from the institution of the suit.

Whether court has power to summon any person to be a witness or produce thing or document?

Ans: Yes, court is a search engine of truth. As per S.30 the court at any time either of its own motion or on the application of any party: –

     a) Make such orders as may be necessary or reasonble in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or ther material objects produce as evidence;

    b) Issue summons to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;

    c) Order any fact to be proved by affidavit.

S.30 says the rules laid down in S.s 27, 28, &29 shall apply to summons to give evidence or to produce documents or other material objects.

What powers court can exercise in the event of disobedience to summons issued to a witness or person directed to produce a thing or documents?

Ans: S.31 talks about such powers. S.31 says the court may compel the attendance of any person to whom a summons has been issued u/S.30 and for that purpose may:-  a) issue a warrant for his arrest; b) attach and sell his property c) impose a fine upon him not exceeding Rs5000-/- d) Order him to furnish security for his appearance and in default commit him to civil prison.

Write a note on rate of interests to be awarded?

Ans: S.34 talks about rate of interest to be awarded.  It is obligatory on part of court to grant interest and court shall give reasons for not awarding interest. If for any reason decree doesnot provide for interest, it will be deemed to have been refused. The rates of interest are different at different stages.

Write a note on rate of interests to be awarded?

Ans: S.35 , 20A, 35A, 35B, 95 talks about costs. Imposing costs is the discretion of court and normally court shall impose costs upon the disposal of judgment or petition. The court for imposing costs need not give any reasons but for not imposing costs it shall give reasons.

Costs a civil court imposes can be classified into following kinds:

a)General Costs (S.35);

b) Miscellaneous costs (O.20A);

C) Compensatory costs for false and vexatious claims or defences-S.35A;  

d) Costs for casuing delay-S.35 B.

List out what are Supplementary Proceedings and Incidental Proceedings?

Write a note on Settlement of disputes outside the court?

Ans: S.89 CPC talks about Settlement of disputes outside the court: The court upon receipt of pleadings on either side examine the parties and there if it appears to the court there exist elements of a settlement which may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations and after receving the observations of the parties, the court may reformulate the terms possible settlement and refer the same for : – (a)Arbiration; (b) Concilation; (c) Judicial settlement including settlement through Lok Adalat (d) Mediation . Thereafter the court shall affect a compromise between the parties and shall follow such procedure as may be prescribed.    

 Miscellaneous

ORDERS:

Pleadings: O: VI: The word pleading has been defined in the rule of this order: It says “pleading mean a plaint or written statement”. It includes the additional written statement, rejoinder, counterclaim, set-off. Civil law is set in motion by filing a plaint.

Plaint is a memorial tendered to a court in which the plaintiff sets forth his cause of action, so it is the exhibition of an action in writing.  A defendant’s statement is the written statement.

O.7: R: 11: Rejection of plaint: The conditions laid down under O.7 rule 11 CPC,1908 are:

a) where it does not disclose a cause of action;

(b) where the relief claimed is undervalued, and the  plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the court, fails to do so;

(c) where the relief claimed is properly valued but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;

(d) where the suit appears from the statement in the plaint to be barred by any law:

(e) where it is not filed in duplicate; 

(f) where the plaintiff fails to comply with the provisions of rule 9.

Written statement: O: VIII: It must deal specifically with each allegation. The denial must be specific. It is not sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff, but he must deal specifically with each allegation of fact which he does not admit, except damages (R.3). Denial should not be vague or evasive. Where a defendant wants to deny any allegation of fact in the plaint, he must do so clearly, specifically and explicitly and not evasively or generally. Details of new facts, such as suit is not maintainable by pleading, void, voidable, fraud, barred by limitation , release, payment , performance or illegality must be pleaded(R.2). Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleadings of the defendant, shall be taken to be admitted except as against a person under disability. The court may, however, require proof of any such fact otherwise than by such admission. When the defendant has not filed a written statement the court may either pronounce the judgment on the basis of the facts stated in the plaint(except as against a person under disability), or may require any such fact to be proved.   If a judgment is pronounced by the court, a decree shall be drawn up in accordance with it (R.5). If his denial of a fact is not specific but evasive the said fact shall be taken to be admitted. In such an event, the admission itself being proof, no other proof is necessary.  Where the defendant relies upon several distinct grounds of defence or set-off or counter-claim founded upon on separate and distinct facts, they should be stated separately and distinctly(R.7).  Any new ground of defence which has arisen after the institution of the suit or presentation of a written statement claiming a set-off or counter claim may be raised by the defendant or plaintiff, as the case may be, in his written statement. Here the court is empowered to take notice of subsequent events.

If the defendant fails to present his written statement within the time permitted or fixed by the court, the court will pronounce the judgment against him or pass such order in relation to the suit as it thinks fit a decree will be drawn up accordingly (R.10).

Set-off: A plea of set-off is ‘a plea whereby a defendant acknowledges the justice of the plaintiff’s demand of his own, to counter balances that of the plaintiff either in whole or part”. Thus it is a reciprocal acquittal of debts between two persons. The rights of the defendant to claim set-off have been recognized u/r 6. It obviates the necessity of filing a fresh suit by defendant.

EX: A sued B on a bill of exchange for Rs500. B holds judgement against A for Rs 100-/-. The two claims being both definite, pecuniary demands may be set-off. Following conditions must be satisfied before the defendant can plead set-off against the plaintiff: O: 8: R: 6: 1) The suit of the plaintiff must be legally for recovery of money.   2) The claim of the defendant against the plaintiff must be for ascertained sum of money and such sum must be legally recoverable. Such sum must not exceed pecuniary limits of jurisdiction of the court. Both the parties must fill in the same character in set-off as well as suit claim. Set-off is nothing but shield for defendant. It is almost like a cross suit. The provision regarding set-off is not exhaustive and the courts have allowed the defendant to claim set-off in certain circumstances dehors the code. Such set-off is called equitable set-off. Even unascertained sums of money are also allowed to be claimed by way of set-off on condition that such claim arises out of the same transaction out of which the suit claim has arisen. It is a matter of discretion of the court. Ex: A Bank can transfer amount deposited in current a/c to its loan a/c for set off and Solicitor’s heir for costs.

Counter claim: O: 8: R 6A to 6G: “A claim made by the defendant in a suit against the plaintiff” It is a claim independent of, and separable from, the plaintiff’s claim which can be enforced by a cross-action. It is a cause of action in favour of the defendant against the plaintiff. It can be filed either before or after the filing of the suit but before the defendants has delivered his defence or before the time fixed for delivery of his defence has expired. Such counter-claim, however, should not exceed the pecuniary limits of the jurisdiction of the court. In other words, by laying down counter claim, pecuniary jurisdiction of the court cannot be ousted and power to try the suit already entertained cannot be taken away by accepting the counterclaim beyond its pecuniary jurisdiction. Ex: In a suit for injunction, a counter-claim for possession can be allowed.

It is an attack mounted by the defendant on plaintiff. It is a means of attack to defendant. It was added by 1976 Amendment. Before that court had discretion to accept it or not. The object of inclusion is to avoid multiplicity of proceedings. The right to make counterclaim is in addition to the right to claim set-off and both are not inconsistent or mutually exclusive. It is like a sword in the hands of defendant.

The counter-claim shall be treated as plaint and will be governed by the rule applicable to plaint. Similarly, a reply filed in answer to counter claims shall be treated as a written statement and governed by rules applicable to written statement.

Differences between counterclaim and set-off:

1. Set-off is a statutory defence to a plaintiff’s action, whereas a counter-claim is substantially a cross-action.
2. Set-off must be for an ascertained sum of money or it must arise out of the same transaction; a counter-claim need not arise out of the same transaction
3. Set-off is a ground of defence to the plaintiff’s action. Counter-claim is a weapon of offence, a sword, which enables the defendant to enforce the claim against the plaintiff effectually as an independent action.
4. In the case of a legal set-off, the amount must be recoverable at the date of the suit, while in the case of a counter-claim the amount must be recoverable at the date of the written statement.
5. When the defendant demands in a plaintiff’s suit an amount below or up to the suit claim, it is a set-off stricto sensu, but when it is for a larger amount, the claim for excess amount is really a counter claim.

Commissions: Order XXVI:

R.9 and 10: Commission to make local investigation: The court may, in any suit, issue a commission to such person as it thinks fit directing him to make local investigation and to report thereon for the purpose of

(a) elucidating any matter in dispute, or

(b) ascertaining the market value of any property or the amount of any mesne profits or damages or annual net profits. The object of local investigation is not to collect evidence which can be taken in court but to obtain evidence which form its very peculiar nature can be had only on the spot.

VARIOUS KINDS OF SUITS:

Issues: Order: XIV

Production, Impounding and Return of Documents (OXIII)

S.96 to 112 talks about appeals: Appeal is of two kinds, first and second.

It is the decree which is appealed but not judgment (even if its exparte). If preliminary decree is not appealed, it can’t be challenged when appeal is filed against a final decree.  If the decree is by way of consent there is no appeal.

If appeal is heard by two or more judges of High court, the majority opinion will prevail.

No decree shall be reversed or varied or remanded on the ground that there is misjoinder or non-joinder of parties or cause of action or any error or defect in the proceedings provided they don’t affect the merits of the case or the jurisdiction of the court. The same rule applies to execution proceeds. However, this rule has no application in case of non-joinder of necessary party.

Section 103 of the code provides that the High Court may, if the evidence on record is sufficient, determine any question of fact necessary for the disposal of the appeal, provided that the matter had not been determined by the lower appellate court or which has been wrongly determined by such court by reason of any illegality, omission, error or defect such as is referred to in sub-section (1) of section 100.  However, this section does not empower the High Court to frame questions of facts on issues that had not been raised at all in the lower Court.

Appeal from orders: (S.104): An appeal shall lie from the following orders of the court: An order u/s.35A b) an order u/s.91 or 92 refusing leave to institute a suit of the nature referred in S.91 or 92.c) an order u/s.95 d) an order which imposes fine or direction to arrest or detention in the civil prison except in case of execution of decree. e) if for any order appeal is expressly provided. D) There is no appeal against an order passed by appeal court.

Powers of Appeal court:  The 1^st appellate court has all the powers of trial court.

  (a) to determine the case finally b) to remand a case c) to frame issues and refer them for trial d) to take additional evidence or require such evidence to be taken.

 (b) Remand means send back to the trial court. Conditions for remand of the case: Suit must have been disposed on preliminary point. The decision of lower court on preliminary part is reversed in appeal.

Effect of remand : It reverses the lower court’s decision and reopens the case for re-trial, except a matter decided by the appellate court. Remand order is appealable.

Reference: S: 113: O: 46: A reference may be made by a subordinate court to the high court on a question which arises-

(a) Decree is not subject to appeal at all or decree is not subject to second appeal to high court, or in the execution of such a decree.

(b) If it be a question of law or usage having the force of law, on which the court trying the suit or appeal entertains a reasonable doubt

Such reference may be made by the court either of its own motion or on the application of any of the parties. Where a question of the validity of any law in issue, a reference must be made to the high court, the high court, then hears the parties, and decides the points referred, a copy of its judgement is than sent to the court by which the reference was made. It is the duty of the latter court, on receipt of the judgement, to dispose of the case in conformity with the decision of the high court. In certain cases, questions as to jurisdiction on small causes may be referred.

Review: Reconsideration of its own decree by court which passed the decree is called review. Review is permitted when there is no appeal or right of appeal is not exercised. If review is preferred there is no right of appeal. Grounds for review: a) discovery of new and important matter or evidence b) decree passed on account of mistake or error apparent on teh acre of the record c) or any other sufficient reason.

Revision: S:115: The high court may call for the record of any case which has been decided by any court subordinate to it and in which no appeal lies thereto, if the subordinate court appears : a) to have exercised a jurisdiction not vested in it by law or b) to have failed to exercise a jurisdiction vested in it by law or c) to have acted in the exercise of its jurisdiction illegally or with material irregularity and the high court may make such order as in the case it thinks fit.

But by 2002 amendment following changes have been made:

But the high court shall not under this section, vary or reverse any order made or any order deciding an issue in the course of a suit or other proceeding , except where order

If had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings, but not the order if allowed would occasion a failure of justice or cause irreparable injury to the party against whom order was made.

S.125: The high court has power to make rules under order provided in the code.

Order: 41: Appeals from original decrees:

Stay by Appellate court

R:5(1) An appeal shall not operate as a stay of proceedings under a decree or order appealed from, except so far as the appellate court may order nor shall execution be stayed by reason only of an appeal having been preferred;

But the appellate court may for sufficient reason order stay of execution.

(2) The court which passed the decree may also on sufficient cause being shown stay execution of an appealable decree before the expiration of the time allowed for appealing therefore.

(3) No order of stay shall be made under sub-rules (1) (2) unless the court is satisfied

(a) That substantial loss may result unless the order is made.

(b) That application has been made without unreasonable delay.

C) That security has been given by applicant for the due performance of such decree or order as may ultimately bind upon.

(4)Subject to the provisions of sub-rule (3), the court may make an ex-parte order for stay of execution pending the hearing of the application.

(5) Where an appeal is against a decree for payment of money the appellate court may deposit or furnish security in respect thereof within the time allowed by the court and where the appellant fails to do so the court shall not make an order staying the execution of the decree not withstanding anything contained in the foregoing sub-rules.

Where a security has been furnished by the surety for the performance of the decree u/o 412 R.5 of CPC the interests of the decree-holder are safeguarded. The person who offered security would be liable for the performance of the decree, as if he was a judgement debtor u/s 145 of the CPC.

R: 22:Cross objections: If a suit party is entitled to claim several reliefs. But court on findings on record granted only few and gave judgement in its favour with regard to rest. In such a case, a party has right to prefer appeal against those relief’s not granted by trial court. Such an appeal is cross-appeal. It has to been filed within the limitation period. If the defendant files an appeal against aggrieved order, if the time is expired than plaintiff has right to file cross-objections, these may be filed at any time within one month from the date of service of the notice upon him. The cross-objections are to be in the form of memorandum and they must comply with rules relating with the memorandum of appeal. Accordingly to O.41 R22(1) even when original appeal is withdrawn, cross-objections can be heard and disposed of.

R: 23 and 23A: Remand: S: 107(1) (b):

Remand means send back, where the trial court decided on preliminary point “without recording findings on other issues and if appellant court reverses the decree so passed, it may send back the case to the trial court to decide other issues and determine the suit.”

Conditions for remand of the case:

1) Suit must have been disposed on preliminary point.

2) The decision of lower court on preliminary part is reversed in appeal

3) Effect of remand is: it reverses the lower court’s decision and reopens he case for re-trial , except a matter decided by the appellate court. 

4) Remand order is appealable.

R: 25: Where the court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the appellate court essential to the right decision of the suit upon the merits, the appellate court may, if necessary, frame issues, and refer the same to trial to the court from whose decree the appeal is preferred and in such case shall direct such court to take the additional evidence require.

And such court shall proceed to try such issues and shall return the evidence to the appellate court together with its findings thereon and the reasons therefore within such time as may be fixed by the appellate court or extended by it from time to time.

R:26(1) Such evidence and findings shall form part of the record in the suit; and either party may, within a time fixed by the appellate court, present a memorandum of objections to any finding.

R:27: Production of additional evidence in Appellate court:

(1)The parties to an appeal shall not be entitled to produce evidence, whether oral or documentary, in the appellate court. But if-

(a) The court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or

(b) The party seeking to produce additional evidence, establishes hat notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or

(c)The appellate court requires any document to be produced or any witness to be examined to enable it to pronounce judgement, or for any other substantial issue.

(d)The appellate court may allow such evidence or document to be produced or witness to be examined.

(2) Whenever additional evidence is allowed to be produced by an appellate court, the court shall record the reason for its admission.

EXECUTION:

Part-I Preliminary

Part-II Preliminary:

Arrest and Detention in Civil Prison 

Attachment 

SALE OF   PROPERTY:

MISCELLANEOUS: