Civil Procedure Code, 1908, Section 96, Order 41, Rule 1, 2 -- Leave to file appeal by third party - A person who is not party to a decree or order may, with the leave of Court, prefer an appeal from such decree or order if he is either bound by decree or order or is aggrieved by it or is otherwise prejudicially affected by it...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10 -- Leave to file appeal - Suit for declaration of title - Rejection of application filed by mother of petitioner for impleadment U.O.1.R.10 CPC per se not a ground to reject application for leave to file appeal - As Appellate Court has to see as to whether petitioner..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Without deciding the judgment and decree passed by learned trial Court on merits, Appellate Court cannot remand back the entire suit...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Executing Court cannot decline execution of decree simply on the ground that an appeal has been filed against the decree - Remedy of petitioner is to approach Appellate Court to seek relief regarding stay of execution of decree and said plea of petitioner was to be considered by Appellate Court in accordance with..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Not giving finding on framed point of determination - Amounts to depriving appellant right of hearing and causing him prejudice, which is erroneous and illegal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Subsequent event occurred during pendency of appeal - Ought to be taken into consideration by appellate Court - Finding on this issue necessarily has to be arrived after appreciation of documents on record - Application allowed...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for specific performance - No evidence on record as to why plaintiff had not been able to lead evidence in trial Court - No good grounds were made out to allow this application at belated stage - Moreover, suit was filed 25 years ago and defendant has three..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - Appeal can be re-heard if Court is satisfied that notice was not duly served or applicant was prevented by sufficient cause from appearing in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - It is for Court to decide whether there was any ground for re-hearing of appeal because ex parte judgment and decree - For that purpose, Court is to see whether notice was duly served or that applicant was prevented by sufficient cause from appearing on the date of hearing and if Court thinks so, it..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - Applicant was minor at the time of filing appeal - She was minor when service was effected and on that basis minor was proceed ex parte - Court rightly observed that decree against minor is nullity and if appeal is admitted for rehearing the same would be beneficial for the appellant himself - That was..........
