AI Overview...
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Order 41 Rule 27 CPC - Maintainability
Multiple courts have held that applications filed under Order 41 Rule 27 CPC are generally not maintainable, especially when not explicitly provided for in relevant rules or statutes. Courts have emphasized that Rule 27 does not find mention in certain procedural rules or specific statutes like the Motor Vehicles Act or Rajasthan Motor Vehicles Rules, leading to dismissals or rejection of such applications National Insurance Company Ltd. VS Hurma Devi - Rajasthan, National Insurance Company Ltd. VS Hurma Devi - Rajasthan, Ramesh Chand Ardawativa Through Special power of Attorney VS Anil Panjwani - Rajasthan, Chellappan VS K. R. Ravi - Madras. -
Legal Precedents and Case Law
Courts have consistently ruled that applications under Order 41 Rule 27 CPC are not maintainable in appeals or revisions, particularly when they seek to introduce additional evidence or pleadings at stages where such applications are not contemplated by the law. For example, applications for additional evidence under Order 41 Rule 27 filed in revision petitions or appeals have been dismissed for lack of maintainability Chellappan VS K. R. Ravi - Madras, ABHILASH JAIN VS SURENDER KUMAR KALRA - Delhi. -
Nature and Purpose of Order 41 Rule 27 CPC
The rule is generally considered to not permit the filing of applications for additional evidence or pleadings after the appeal has been decided, unless specific circumstances or statutory provisions provide otherwise. Courts have clarified that such applications are not maintainable when they are intended to fill lacunae or are filed at inappropriate stages of proceedings Manju VS Mahesh Kumar Sharma - Rajasthan, Kanhaiya Lal VS Girdharilal - Rajasthan. -
Analysis and Conclusion
Overall, the consensus among the courts is that applications under Order 41 Rule 27 CPC are not maintainable unless explicitly permitted by law or specific procedural rules. The rule's primary purpose is not to allow for further pleadings or evidence at the appellate stage, and attempts to do so are generally rejected to uphold procedural finality and judicial discipline.
References:
- National Insurance Company Ltd. VS Hurma Devi - Rajasthan
- National Insurance Company Ltd. VS Hurma Devi - Rajasthan
- Ramesh Chand Ardawativa Through Special power of Attorney VS Anil Panjwani - Rajasthan
- Chellappan VS K. R. Ravi - Madras
- Kanhaiya Lal VS Girdharilal - Rajasthan
- ABHILASH JAIN VS SURENDER KUMAR KALRA - Delhi
- Sri Kishun Seth @ Sri Krishna Seth VS Ram Adhar Seth - Patna
- State of Chhattisgarh Through The Collector VS Ramavtar Goyal S/o Buddhulal Goyal - Chhattisgarh
- Manju VS Mahesh Kumar Sharma - Rajasthan
- SAVITRI DEVI VS GAYATRI DEVI - Delhi
Search Results for "Order 41 Rule 27 Cpc Maintainable"
2004 0 Supreme(Raj) 165 • India - Rajasthan
SHIV KUMAR SHARMA, F.C.BANSAL
The court held that the application under Order 41 Rule 27 CPC was not maintainable as it was not mentioned in Rule 10.27. ... of the Claims Tribunal as a Civil Court and found that the application under Order 41 Rule 27 CPC was not maintainable as it was ... 41 Rule 27 CPC....
2004 0 Supreme(Raj) 166 • India - Rajasthan
SHIV KUMAR SHARMA, F.C.BANSAL
Hence, we find ourselves unable to hold that application under Order 41 Rule 27 CPC was maintainable. (Para 4) ... There is no mention in the aforesaid Rule about applicability of Order 41 Rule 27 of CPC. ... Rajasthan Motor Vehicles Rules, 1990, Rule 10.27; Motor Vehicles Act, 1988, Sec. 169 and C.P.C., Order#HL_E....
2001 0 Supreme(Raj) 391 • India - Rajasthan
SHIV KUMAR SHARMA
41 Rule 27 CPC is not maintainable. ... pleadings in written statement application by the defendant in the appellate Court under Order 41 Rule 27 CPC is not maintainable ... C.P.C., Order 41, Rule 27; Order 8 Rule 6-A, Sec. 100 – Appeal from original decree – Production of ....
2016 0 Supreme(Mad) 135 • India - Madras
M.DURAISWAMY
The court also ruled that the application filed under Order 41, Rule 27 of CPC was not maintainable in the revision petitions. ... The court also considered the maintainability of the application filed under Order 41, Rule 27 of CPC. ... The court rejected the tenants' application to produce additional documents under Order 41, Rule 2....
2005 0 Supreme(Raj) 1098 • India - Rajasthan
H.R.PANWAR
The applications under Order 41 Rules 27 and 28, CPC, and Order 6 Rule 17, CPC, were also dismissed. ... Order 6 Rule 17, CPC, not maintainable Ratio Decidendi: The court found no substantial question of law and decided not to ... Final Decision: The second appeal was dismissed, and the applications under Order 41 Rules 27 and 28, CP....
2012 0 Supreme(Del) 1541 • India - Delhi
INDERMEET KAUR
Civil Procedure Code, 1908 - Order 41 Rule 27 - Additional evidence - In a petition under Article 227 of ... the Constitution of India an application for additional evidence under Order 41 Rule 27 CPC was filed - It was held that the application ... was not maintainable - Application dismissed. ... Sat Narain Gupta has held that an application under Order 41 #HL....
2011 0 Supreme(Pat) 2379 • India - Patna
SAMARENDRA PRATAP SINGH
Key legal provisions include Order 41 Rule 27 CPC and relevant case laws such as N. Kamalam vs. Ayyasamy, Arjun Singh vs. ... Case No. 83/97 - The court discussed the application of Order 41 Rule 27 CPC, the purpose and nature of subsequent petitions, and ... Issues: The issues revolved around the rejection of the second application under Order 41 Rule #HL_STAR....
2024 0 Supreme(Chh) 88 • India - Chhattisgarh
NARENDRA KUMAR VYAS
41 Rule 27 of CPC. ... 41 Rule 27 of CPC. ... CPC - Appeal - Sections 100, 80, Order 41 Rule 27 - The judgment discusses the legality and propriety of ... In my considered opinion, rejection of the plaintiff’s application under Order 41 Rule 27 of the CPC refusing to admit ....
2018 0 Supreme(Raj) 2226 • India - Rajasthan
PRAKASH GUPTA
Civil Procedure Code, 1908 - Order 41 - Rule 27 - RTI Act, 2005 - Accident - Injuries - Compensation granted ... The application under Order 41 Rule 27 CPC is not maintainable at this stage, as the same has been filed to fill up the lacunae. 4. ... However, to avoid the legal complication and for more clarity, the claimants have submitted a letter issued by the Income Tax Officer along with the a....
2009 0 Supreme(Del) 1305 • India - Delhi
RAJIV SAHAI ENDLAW
41 Rule 27 of the CPC have been adjudicated upon prior to the adjudication of the appeal, no challenge is maintainable - Challenge ... Civil Procedure Code, 1908 - Order 41 Rule 27 - Applications under ought to be heard along with the hearing ... be led before itself or remand the matter and in any case after the same would rehear the appeal - Where the applications under Order ... 41#HL....
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