Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cross objections have all trappings of a regular appeal and therefore must be considered in full by Court adjudicating upon the same...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Where decree given by Court of first instance, is partly in favour of respondent, but is also partly against respondent, two remedies within O.41.R.22 CPC remain with respondent, which are: (i) To file their cross objections and, (ii) To support the decree in whole - However, a third remedy in law also..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cross objections have all trappings of a regular appeal and therefore must be considered in full by Court adjudicating upon the same...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Where decree given by Court of first instance, is partly in favour of respondent, but is also partly against respondent, two remedies within O.41.R.22 CPC remain with respondent, which are: (i) To file their cross objections and, (ii) To support the decree in whole - However, a third remedy in law also..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be proved on record by way of additional evidence are extremely relevant material having bearing on issues involved in the case for determining rights of parties - Application filed by plaintiff U.O.41.R.27 CPC was required to be adjudicated upon by first appellate..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution till disposal of second appeal - Eviction decree - There is no scope to pass any blanket stay order without any terms and conditions - Execution of eviction decree stayed till disposal of appeal subject to payment of occupational charges of Rs.10,000/- p.m by tenant...........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Exparte decision in first appeal - Dismissal of application filed U.O.41.R.21 CPC - Application moved within time - Shows that appellant was watching the proceedings from outside the Court - Appellant has not come to Court with clean hands - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Dismissal of appeal in default - If counsel for appellant does not appear before Court on the date fixed for hearing, only option available to Court is to dismiss the appeal in default and Court cannot decide the same on merits...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal - Decided on merits - Mere fact that appeal has been decided on merits and not dismissed in default cannot be a ground to refuse restoration of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal - Decided on merits - Appellant could not appear due to inadvertence of his counsel - It is not that he had not appeared from last many occasions - Litigant cannot be penalized for any inaction or mistake on the part of counsel - Appeal restored...........
