Civil Procedure Code, 1908, Section 96(2), Order 43, Rule 1(d), Limitation Act, 1963, Section 5 -- Appeal - Delay of more than 11 years in filing appeal - Condonation of delay - Cause shown in affidavit supporting delay condonation application not only bereft of material particulars but also vague - No reasons assigned by defendants for delay in filing appeal - More so,..........
Civil Procedure Code, 1908, Order 33, Rule 1A, 3, 4, 5 -- Indigent person - Question of indigency - O.33.R.1A CPC, provides that at the first instance, inquiry has to be made by chief ministerial officer of Court - Observation made by Court below that question of indigency is only decided by executive authority and not by Court is patently erroneous - Impugned order set..........
Criminal Procedure Code, 1973, Section 374, 386, Limitation Act, 1963, Section 5 -- Appeal against conviction - Delay - Condonation - Criminal appeal be decided on merits - Application for condonation of delay in filing appeal be decided leniently - Delay condoned and appeal directed to be decided on merits...........
Civil Procedure Code, 1908, Order 22, Rule 4, 5 -- Legal heirs - The question as to whether a particular person is a legal representative of a deceased plaintiff or defendant is required to be decided by the Court as per procedure prescribed in O.22.R.5 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 4, 5 -- Legal heirs - Order allowing impleadment set aside as : (a) In the first place, the High Court should have remanded the case to the trial court by taking recourse to the provision of O.22.R.5 proviso for deciding the question as to whether applicant was the legal representative of deceased defendant No.1 and if so, in what..........
Limitation Act, 1963, Section 5, 3 -- Time barred appeal - Condonation of delay - In the absence of an application for condonation of delay in filing appeal and an express order condoning delay, Appellate Court has no jurisdiction to entertain appeal and pass judgment on merit...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Filing an appeal by State - Considerable delay - Delay condoned keeping in view the circumstances in which the delay had occurred...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issue - Issue as to maintainability of suit and that suit is barred by Ss.10, 133 of Companies Act - Maintainability of suit and jurisdiction of Civil Court are two separate matters - Court may have decided question of jurisdiction earlier but question regarding maintainability of suit or whether suit is barred by..........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 5 -- Refusal to frame additional issue - Revision against - Held, maintainable - (1) Refusal to frame additional issue amounts to `a case decided' for the purposes of maintainability of revision; (ii) It is not an appealable order; (iii) non framing of additional issue necessarily results in failure to exercise..........
Civil Procedure Code, 1908, Order 34, Rule 5, Transfer of Property Act, 1882, Section 60 -- Mortgage - Final decree in suit for sale - Right of redemption - Where suit property is mortgaged and sold out in Court auction to third party for realization of money dues and sale become final, mortgagor of property have no right of redemption as mortgagor can redeem property only..........
