Civil Procedure Code, 1908, Section 96 -- First appeal - Parties to be heard both on question of law as also on facts in first appeal - First appellant Court thus, required to address itself to all issues and decide case by giving reasons...........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Ex parte decree - In case defendant files an appeal against ex parte decree and appeal is dismissed then defendant cannot file an application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Ex parte decree - Appeal against - Right to appeal is a statutory right - Defendant cannot be deprived of the statutory remedy merely on the ground that application filed U.O.9.R.13 CPC was earlier dismissed...........
Civil Procedure Code, 1908, Section 96(2), Limitation Act, 1963, Section 5 -- First appeal against ex parte decree - Condonation of delay of 546 days - Earlier there was delay of 276 days in filing application U.O.9.R.13 CPC - Pursuing application U.O.9.R.13 CPC has caused further delay of 270 days - Defendant shown his bona fide by depositing Rs.25 lakhs in compliance of..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Partition suit - No appeal lies in a partition suit, unless a partition scheme is finalized and final decree is prepared, as appeal lies only against final decree and not against partition scheme...........
Civil Procedure Code, 1908, Section 96(3) -- Appeal - Compromise decree - Bar contained u/s 96(3) CPC would not get attracted, where Court records some part of compromise while declined to record remaining part - Said principle would also apply to appeals from appellate decrees in view of O.42.R.1 CPC r/w S.108 CPC...........
Civil Procedure Code, 1908, Section 96(3) -- Appeal - Compromise decree - Bar contained u/s 96(3) CPC would not come in way of petitioner filing second appeal u/s 100 CPC...........
Civil Procedure Code, 1908, Section 96(3) -- Appeal - Compromise decree - Bar contained u/s 96(3) CPC - Where party disputes being signatory to compromise or compromise decree is challenged on ground of fraud, undue influence or misrepresentation, bar stipulated u/s 96(3) CPC, would not come in way of filing an appeal - It is also open to such party to file a regular civil..........
Civil Procedure Code, 1908, Section 96 -- Appeal - A party to a suit adversely effected by a decree or any of his representatives-i, interest may file an appeal - But a person who is not a party to a decree or order may with leave of Court, prefer an appeal from such decree or order if he is either bound by a decree or order or is aggrieved by it or is otherwise..........
Civil Procedure Code, 1908, Section 96 -- Appeal by subsequent purchasers - Maintainability - Decree for specific performance - Purchasers contested the suit and they are essentially aggrieved by judgment and decree, thus they can assail the same in first appeal - Merely because vendors not filed any appeal or cross-objection to appeal filed by purchasers, same is not per..........
