AI Overview...
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Order 41 Rule 2 CPC - Scope and Purpose
The primary purpose of Order 41 Rule 2 CPC is to empower the lower appellate court to examine the decree from all angles, not merely to restrict the grounds of appeal to those initially specified. It allows the court to consider additional grounds, but such grounds generally require the court's leave. The rule is aimed at ensuring comprehensive appellate scrutiny rather than limiting the appellate court's power Mohd. Munner, Shimoga Taluk VS Mohammed Salar Abbas, Shimoga - Karnataka, A. Saraswathy VS Thangamuthu - Madras. -
Admitting Additional Grounds in Appeal
An appellant can seek permission to raise additional grounds in the memo of appeal under Order 41 Rule 2 CPC. The court's discretion plays a vital role, and courts may admit such grounds if justified. However, mere admission of additional grounds does not automatically alter the assessment or judgment; the courts retain the authority to evaluate the relevance and admissibility of these grounds Devki Durrani VS Ab. Rashid Bakshi - Jammu and Kashmir, Rakku VS Cooriyayee and another - Madras. -
Legal Limitations and Court Discretion
While Order 41 Rule 2 restricts appellants from urging grounds not included in the appeal memo without leave, courts have recognized that in the absence of such restrictions, appellate courts may exercise broader powers to consider additional grounds or evidence. The courts are cautious to ensure that such powers are exercised within the bounds of justice and procedural fairness Sreenivasan Chettiar VS R. M. Kalyani Ammal - Madras. -
Application in Specific Cases
Courts have permitted filing of additional grounds or evidence in appeals under Order 41 Rule 2 CPC, especially when such grounds are relevant to the case's merits or involve family, property, or procedural issues. For example, in family disputes or property cases, courts have allowed amendments or additional grounds to ensure justice is served K. J. Vaduvambal VS C. N. Uma Devi - Madras, NATIONAL INSURANCE CO. LTD. VS RANGASAMY - Andhra Pradesh. -
Summary
In essence, Order 41 Rule 2 CPC facilitates a flexible approach in appeals by allowing courts to consider additional grounds, provided procedural conditions are met. Courts exercise discretion judiciously to balance procedural rules with substantive justice, emphasizing that the rule’s scope is to enable a thorough appellate review rather than restrict it unduly Mohd. Munner, Shimoga Taluk VS Mohammed Salar Abbas, Shimoga - Karnataka, A. Saraswathy VS Thangamuthu - Madras.
References:
- Mohd. Munner, Shimoga Taluk VS Mohammed Salar Abbas, Shimoga - Karnataka
- Devki Durrani VS Ab. Rashid Bakshi - Jammu and Kashmir
- K. J. Vaduvambal VS C. N. Uma Devi - Madras
- SALEM MARTHOMA CHURCH, CHATHANOORPUZHA, REPRESENTED BY ITS SECRETARY, ISSAC KUTTY, S/O. JOSHWA VS PAPPACHAN BIJI, KINARUVILA PUTHENVEEDU, CHATHANOORPUZHA MURI - Kerala
- MARUTI UDYOG LIMITED VS INCOME TAX APPELLATE TRIBUNAL - Delhi
- NATIONAL INSURANCE CO. LTD. VS PREMA - Karnataka
- A. Saraswathy VS Thangamuthu - Madras
- Sreenivasan Chettiar VS R. M. Kalyani Ammal - Madras
- Rakku VS Cooriyayee and another - Madras
- NATIONAL INSURANCE CO. LTD. VS RANGASAMY - Andhra Pradesh
Search Results for "Civil Procedure Code o 41 R 2 Grounds"
2013 0 Supreme(Kar) 70 • India - Karnataka
ARAVIND KUMAR
That is not the scope and purport of Rule (2) Order 41 CPC. ... It is in this background, Rule (2) of Order 41 CPC, requires to be understood and applied. ... ... CODE OF CIVIL PROCEDURE, 1908 - Order 41, Rule 2: [Aravind Kumar ... That is not the scope and purport of Rule (2) Order 41 CPC. The real purpose is to empower lower appellate Court to examine the decree from all angl....
1978 0 Supreme(J&K) 51 • India - Jammu and Kashmir
MIAN JALAL-UD-DIN
Whether the petitioners could raise additional grounds in the memo of appeal under Order 41 Rule 2 CPC. 2. ... ORDER 41 RULE 2 CPC - ADDITIONAL GROUNDS IN MEMO OF APPEAL - SCOPE - COURT'S DISCRETION - INTERFERENCE BY HIGH COURT - ADDITIONAL ... Fact of the Case: Petitioners sought to raise additional grounds in the memo of appeal under Order 41 Rule 2 CPC, in....
2008 0 Supreme(Mad) 2087 • India - Madras
G.RAJASURIA
The court also found Exhibit A-2 to be a genuine document for family necessity and welfare of the minors. ... It also determined that Exhibit A-2 was a genuine document for family necessity and welfare of the minors. ... Issues: The issues included the nature of the Exhibit A-1 settlement deed, the validity of Exhibit A-2 sale deed, and the ... No. 389 of 2008 was filed by the appellant seeking permission of this Court under Order 41 Rule 2 of Code of Civil Procedure to raise addition....
2017 0 Supreme(Ker) 121 • India - Kerala
B.KEMAL PASHA
Burning Grounds) Rules 1998 - R. 4( 2) - Civil Procedure Code, 1908 - Section 9 - Specific Relief Act 1963 - Section 41(h) - Dispute ... Kerala Panchayat (Burial and Burning Grounds) Rules 1967 - Rule 6( 8) - Kerala Panchayat Raj (Burial and ... decision of the concerned District Collector and the decision thereon shall be final - it cannot be said that the jurisdiction of the civil ... At the same time, it cannot be said that the jurisdiction of the civil court has b....
2001 0 Supreme(Del) 453 • India - Delhi
D.K.JAIN, ARIJIT PASAYAT
Rule 2 of CPC — Merely admission of additional grounds does not automatically enhance the assessment — Plea of petitioner is thoroughly ... Income Tax Appellate Tribunal Rules, 1963 - Rules 6, 8, 11 & 12 — Tribunal admitted additional grounds holding — Raised grounds are ... legal and appear to have been left indvertantly — Order challenged — Plea taken — By admitting the additional grounds, entire assessment ... While the appeal is judicial examination, memorandum of appeal contains #....
2002 0 Supreme(Kar) 276 • India - Karnataka
S.N.KUMAR, H.RANGAVITTALACHAR, N.K.JAIN
Civil Procedure Code - 95 (2) (b) (i) of Motor Vehicles Act - 173 of Motor Vehicles Act Fact of the Case: The case ... Cross-objections - Motor Vehicles Act - Order 41, Rule 22 of Civil Procedure Code - 166 of Motor Vehicles Act, 1988 - 9, 22 of ... Finding of the Court: The court analyzed the Provisions of order 41, Rule 22 of the Civil Procedure Code and relevant ... ... ( 9 ) IT will be appropriate to refer to the following relevant provisions of Code of Civil Procedur....
2015 0 Supreme(Mad) 2709 • India - Madras
P.R.SHIVAKUMAR
Order 41 Rule 2 of the Civil Procedure Code reads as follows:- ... Grounds which may be taken in appeal - The appellant shall not, except by leave of the Court, urge or be heard in support of any ground of objection not set forth in the memorandum of appeal; but the Appellate Court, ... in deciding the appeal, shall not be confined to the grounds of objections set forth in the memorandum of appeal or taken by leave of the Court under this rule: Provided that the Court shall not rest it....
1980 0 Supreme(Mad) 244 • India - Madras
RATNAM
Whether the provisions of the Civil Procedure Code, such as Order 41, Rule 2, which prohibits an appellant from urging or putting ... The court concluded that in the absence of any bar on a litigant analogous to Order 41, Rule 2, Civil P.C., such a power in the Appellate ... 2. ... In the absence of any bar on a litigant analogous to Order 41, Rule 2, Civil P.C., such a power in the Appellate Authority is available....
2000 0 Supreme(Mad) 931 • India - Madras
K.GNANAPRAKASAM
Civil Procedure Code (V of 1908), O.41, Rule 2 - Some facts could not be incorporated in written statement filed before trial Court ... - Appellant seeking to file additional grounds in appeal-Additional written statement allowed to be filed. ... The appellant has also filed an application under O.41, Rule 2, C.P.C. to raise the additional grounds in this appeal, wherein they made a specific ground that the "lower appellate Court ....
2007 0 Supreme(AP) 26 • India - Andhra Pradesh
K.MOHAN RAM
self-employed as a dealer in Automobile spare parts and was earning income of Rs. 2,500/- per month – The claimants/ respondents 1 and 2 ... No. 3565 of 1999 under Order 41 Rule 2 of the Code of Civil Procedure to raise additional grounds and C. M. P. ... In the said circumstances, the petitions have been filed to raise additional grounds and adduce additional evidence. ... According to the learned counsel the conditions stipulated in Order 41 Rule 27 of the #HL_START....
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