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..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Partition suit - Decree in favour of plaintiff and defendant nos. 3 to 9 - Appeal filed by defendant No.2 - No cross-objection or separate appeal filed by plaintiff and defendant nos. 3 to 9 - Appellate Court cannot grant larger relief in favour of plaintiffs, which were not granted by trial Court, particularly when no..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Judgment of appellate Court - Reasoned decision - Appellate Court neither considered evidence on record nor assigned reasons for reversing findings of trial Court - It was duty of Appellate Court to deal with, consider and appreciate evidence on record and record findings with reasons while arriving at a..........
Motor Vehicles Act, 1988, Section 173, Civil Procedure Code, 1908, Section 96 -- Appeal filed u/s 173 of 1988 Act is akin to S.96 CPC - High Court has to appreciate the evidence and assign reasons for dismissal of appeal...........
Civil Procedure Code, 1908, Section 11, 96, Jammu and Kashmir Arbitration and Conciliation Act, 1997, Section 9, 37 -- Res judicata - Official respondents after extending contract with respondent no.1 i.e. fertilizer manufacturing companies cancelled further contract - Court gave order for renewing the contract - No adjudication has taken place on the merits - Earlier..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Partition suit - Defendant nos.3 to 5 specifically stated in their written statement that they are having 1/4th share in suit property - Suit dismissed - Defendants can be said to be aggrieved by judgment and decree passed by trial Court dismissing suit for partition - Appeal at the instance of defendants is maintainable -..........
