Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- Appeal - Filed against a dead person - Sole respondent died after delivery of the judgment by lower Court - O.22.R.4 is not applicable - It is O.1.R.10 which applies - An application U.O.1.R.10 can be filed within three years under Art.137 of the Limitation Act...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9, Limitation Act, 1963, Section 5 -- Appeal - Death of sole appellant - Setting aside abatement and substitution of L.R's sought after five years - Ground for condonation of delay that applicant had no knowledge about counsel who had been engaged by appellant despite efforts made - Plea that he came to know about counsel only..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim injunction - Violation - Trial Court imposed fine of Rs.1,000/- and further direction for vacation of premises within three months - High Court in appeal directed the impugned order to be kept in abeyance as application under order 39 CPC was still pending - Impugned order passed by High Court was unsustainable -..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Appeal - Notice to party who has been proceeded exparte in the trial Court - Appellate Court should not proceed mechanically by observing that as there was no appearance in the trial Court, notice need not to be served in appeal - Appellate Court should go through the Zimini orders recorded by the trial Court in the suit..........
Civil Procedure Code, 1908, Section 92, 115, 104, Order 43, Rule 1-A -- Leave of Court - Refusal to grant leave is appealable but grant of leave not - Though grant of leave without affording an opportunity to the defendants and without recording cogent reasons will be hit by the vice of material irregularity u/s 115(1)(c) but the order does not fulfil the litmus test..........
Civil Procedure Code, 1908, Section 47 -- Compromise in appeal against eviction order - Son of tenant who was not party to eviction petition, was to remain in possession for 10 years and in case of failure to vacate, landlord to file execution - Son of tenant resiled from the undertaking as such execution filed - Executing Court allowing landlords' petition - High Court..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Bona fide requirement - Does not give rise to any substantial question of law - High Court in second appeal cannot reverse concurrent finding of Courts below by re-appreciating evidence...........
Rent and Eviction -- Bona fide requirement - Concurrent finding - High Court in second appeal cannot reverse the finding by re-appreciating evidence - Bona fide requirement of landlord does not give rise to any substantial question of law. (Civil Procedure Code, 1908, S.100)..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot substitute its opinion for the opinion of the fist appellate Court unless it is found that the conclusions drawn by the lower appellate Court were erroneous being contrary to the mandatory provisions of law applicable or its settled position on the basis of pronouncements made by the Apex Court,..........
Civil Procedure Code, 1908, Order 41, Rule 1(3) -- Money decree - Non deposit of decretal amount or furnishing security - Appeal cannot be dismissed - Intention of the Legislature was not to make the deposit of the decretal amount or furnishing of the security a condition precedent for filing an appeal...........
