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first appellate court with a proper application under order
41, rule 27 of the Code of Civil Procedure ... order 41, r.27, C.P.C. the petition
purporting to be under order 41 rule 27 meets with
Supreme Court of India
application filed by the appellant under Order 41 Rule
27 C.P.C., it has committed grave error in rejecting ... rule (1)).
13. It is plain that under clause (b) of sub rule (1) of Rule 27
Order
Supreme Court of India
could be made
differ as they fall under Order 41, Rule 27(1)(b) or Order 41, Rule ... 41, Rule 27(2) becomes
inadmissible for that reason? There is considerable authority for the
position that Rule 27
Madras High Court
Order 41 Rule 27 of the Code of Civil
Procedure read as under :-
"Order 18 Rule 17-A:- Production ... application under Order 18 Rule 17-A and the
application under Order 41 Rule 27 of the Code of Civil
Punjab-Haryana High Court
pendency of this appeal this
application under Order 41 Rule 27 of the Code of Civil Procedure
praying for producing ... evidence to be adduced before
passing; an order under Order 41 Rule 27(1) (b) of the Code of Civil
Calcutta High Court
Order 41 Rule 27 of the Code for
permission to produce Form-C in Original issued under Rule ... earlier application filed by the appellant under Order 41
Rule 27 C.P.C. In order to fill
Punjab-Haryana High Court
Rule, 27 Civil Procedure Code should have
been allowed. Learned Judge therefore held that "the application under
Order 41, Rule ... circumstances, this Court can lawfully pass an order under Order
41, Rule 27 or Rule 28, Civil Procedure Code
Madhya Pradesh High Court
direction to first
decide the application under Order 41 Rule 27 and Order 13 Rule 2 r/w
Section ... 27), that non-consideration and decision of the application under
Order 41 Rule 27 CPC amounts to jurisdictional error
Rajasthan High Court
gram permission for
production of additional evidence under Order 41, Rule 27, CPC. Failure
to adduce available evidence cannot ... disputed
the legal position that under Order 41, Rule 27(1)(b)--the provision
under which the additional evidence
Andhra High Court
prove any fact could
not be allowed under Order 41 rule 27 of the Code of Civil Procedure ... 27 by virtue of Order 42 rule 1.
(14) I agree with the latter view. The need for Order 41
Delhi High Court
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