Court Fees Act, 1870, Section 4 -- Memorandum of appeal - Should be properly stamped - Court has power to refuse to accept memo of appeal which is insufficiently stamped - S.149 CPC mitigates the rigour of S.4 - Court to harmonise provisions of both the Court Fee Act and CPC by reading S.149 CPC and proviso to S.4 and allow deficit to be made good within a period of time..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Memo of appeal not accompanied by certified copy of decree - Effect - No decree drawn up by Court - Appeal filed from such order without decree-sheet - Competent - Drawing up of decree - Essentially function of Court and its office - Unreasonable to penalise a party for the fault of office - Appeal cannot be held untenable..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Fresh allegations of fact in memo of appeal and call upon the opposite party to admit or deny the same - Do not attract the provisions of O.41.R.27 CPC...........
Civil Procedure Code, 1908, Section 100101 -- Second appeal - Plea not raised in suit or first appeal or memo of second appeal - Cannot be raised in arguments...........
Civil Procedure Code, 1908, Section 153 -- Application to amend cause title of first appeal memo, if maintainable at judgment stage of second appeal - Application is not maintainable...........
