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Results of s 96

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Showing : 91-100 of 498 Results

KERALA HIGH COURT

Year of decision: 2017
Details

Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Condonation of delay - Delay of 1433 days in filing appeal against ex parte decree - Defendants elected to prosecute and proceed only with application U.O.9.R.13 CPC, but not with the remedy of appeal u/s 96 CPC - They filed appeal after a fairly long period of time nearly 1433..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 96 -- First appellate Court - Suit for declaration and permanent injunction - Merely because trial Court not framed any specific issue qua possession, if any of plaintiff pursuant to lease deed, but since question with regard to validity of lease deed was before first appellate Court, there was no bar for it to make findings/observations..........

KARNATAKA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 96, Order 41, Rule 11 -- First appeal - Dismissal at preliminary stage of hearing - High Court is empowered to dismiss first appeal at preliminary stage of hearing if there is no merit in appeal provided the said dismissal is supported by reasons while exercising power U.O.41.R.11 of CPC...........

UTTARAKHAND HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100, 96 -- Second appeal - Suit for permanent prohibitory injunction - Trial Court decreed the suit - First appellate Court allowed the appeal without recording its own independent finding and without reverting/setting aside finding recorded by Trial Court - Order passed by Trial Court is not sustainable in eyes of law and thus set aside..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - First Appellate Court has jurisdiction to reverse or affirm the findings of trial Court - However, when first appellate Court reverses findings of trial Court, it is expected to record findings in clear terms, specifically stating therein, in what manner, reasoning of trial Court is erroneous...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - It is a valuable right of parties and parties have right to be heard both on questions of law and also on facts - First appellate Court required to address itself to all issues and decide the case by giving reasons in support of such findings...........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Appeal against ex parte decree - Defendant in an appeal filed against ex parte decree cannot be allowed to show that he was prevented by sufficient cause from appearing at the hearing - As for that purpose, defendant must have recourse to the special procedure U.O.9.R.13 CPC...........

KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 96, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58 -- Appeal against decree by a person, who is not party to the suit, but his property is ordered to be attached by order U.O.38.R.5 CPC - Appeal at his instance is not maintainable as he is not an aggrieved person - Appropriate remedy lies U.O.21.R.58 CPC by filing a..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Rule 96 -- Eviction petition - Warrant of possession issued for execution of order - It is not disputed that first instalment was deposited which is 3 days after execution application is filed - Even, in order to avoid ejectment and to comply with terms of compromise, tenant..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 96 -- First Appeal - Ex-parte decree - Plea of no, service of notice of suit - Appellate Court cannot proceed on basis that summons was admittedly served on defendant - This plainly is contrary to pleadings and there is no possible justification of the same - Order of First Appellate Court in dismissing appeal set aside - Matter remitted..........

Showing : 91-100 of 498 Results