Order XLI, Rule 28 of the Code of Civil Procedure (CPC) specifically outlines the mode in which additional evidence is to be taken by the appellate court. It provides the court with the discretion to either take the evidence itself, direct the lower court to take it, or appoint a commissioner to record the evidence, ensuring that the appellate process remains fair and comprehensive.
5222
What is the statutory time limitation for filing a revision petition before the High Court under Section 115 of the CPC?
Section 115 of the Code of Civil Procedure grants the High Court revisional jurisdiction. While the statute itself does not always explicitly state a universal limitation period for all provinces, 90 days is frequently cited in various jurisdictions as the standard period for filing such petitions, though local amendments may vary.
5223
Which order within the Code of Civil Procedure (CPC) provides the framework for the execution of orders issued by the Federal Court?
Order XLV-A of the Code of Civil Procedure is specifically dedicated to the execution of decrees and orders passed by the Federal Court (or the Supreme Court in the current context). It outlines the procedural steps that must be followed by the lower courts to ensure that the mandates of the highest judicial authority are implemented effectively and in accordance with the law.
5224
How many rules are contained within Order XLI of the Code of Civil Procedure (CPC)?
Order XLI of the Code of Civil Procedure, 1908, which deals with appeals from original decrees, consists of 37 rules. These rules govern the entire process of filing, hearing, and disposing of appeals in civil courts, ensuring a structured and uniform approach to appellate litigation in Pakistan's civil justice system.
5225
According to Section 25(10), what is the maximum number of consecutive adjournments a Bench may grant during an appeal hearing?
Section 25(10) of the relevant procedural law restricts the granting of adjournments to ensure the expeditious disposal of cases. By limiting the number of consecutive adjournments to two, the legislature aims to prevent unnecessary delays in the appellate process, thereby upholding the principle that justice delayed is justice denied.
5226
What authority does Order XLI, Rule 27 of the C.P.C. grant to the Appellate Court regarding evidence?
Order XLI, Rule 27 of the Code of Civil Procedure empowers the appellate court to allow the production of additional evidence if the lower court refused to admit evidence that ought to have been admitted, or if the appellate court requires such evidence to enable it to pronounce judgment, or for any other substantial cause.
5227
What is the legal status of an order passed under Rule 9, Order IX, which rejects an application to set aside the dismissal of a suit?
Under the provisions of the Code of Civil Procedure, specifically Order XLIII, Rule 1(c), an order passed under Rule 9 of Order IX, which refuses to set aside the dismissal of a suit, is expressly made appealable. This provision provides a remedy to the aggrieved party to challenge the court's refusal to restore a suit that was previously dismissed for default, ensuring judicial oversight.
5228
What is the total number of rules specified under Order XLVII of the Code of Civil Procedure?
Order XLVII of the Code of Civil Procedure, which governs the process of 'Review', is comprised of nine rules. These rules define the grounds for review, the procedure for filing the application, the powers of the court in dealing with such applications, and the limitations on the scope of review, ensuring that the process is used only for legitimate corrections of judicial errors.
5229
To which judicial authority is an application for review typically submitted?
An application for review is filed before the same court that passed the original order or decree. This process allows the court to reconsider its own decision based on the discovery of new and important evidence or on account of some mistake or error apparent on the face of the record, providing a mechanism for self-correction within the judicial system.
5230
When an appeal against an order is filed during the pendency of a suit, which provision requires the appellant to provide notice to the respondents before presenting the appeal?
Order XLIII, Rule 3 of the Code of Civil Procedure specifically addresses the procedural requirement for serving notice to the respondent when an appeal is preferred against an order during the pendency of the main suit. This rule is designed to ensure that the respondent is aware of the appellate proceedings, allowing them an opportunity to appear and contest the appeal effectively.