Civil Procedure Code, 1908, Order 22, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(k) -- Abatement - Maintainability of appeal - Order refusing to set aside abatement, is appealable U.O.41.R.1(k) CPC...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 43, Rule 1(t) -- Condonation of delay - Dismissal of application - Appeal against - First appeal U.O.43.R.1(t) CPC, is not maintainable against such order...........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 43, Rule 1 -- Rejection of application U.O.9.R.4 CPC - Appeal thereagainst - Order is not appealable...........
Civil Procedure Code, 1908, Order 22, Rule 9(2), Civil Procedure Code, 1908, Order 43, Rule 1, , Section 100 -- Death of respondent during pendency of appeal - Application to bring on record legal representatives dismissed by holding that simplicitor application without any prayer for condoning delay is not maintainable - Dismissal of appeal consequent thereto - Second..........
Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appeal - Order refusing to grant interim injunction passed u/s 9 of Arbitration and Conciliation Act - Appeal not maintainable U.O.43.R.1(r) CPC, as order refusing to grant interim injunction can only be considered u/s 9 of Arbitration and Conciliation Act, even though an application U.O.39.Rr.1,2 CPC is also filed...........
Civil Procedure Code, 1908, Order 39, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Order directing issue of notice U.O.39.R.3 CPC - No appeal lies thereagainst - Appeal lies against order passed U.O. 39.Rr.1, 2, 4 or 10 - Appeal, held, not maintainable...........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 43, Rule 1(q) -- Attachment before judgment - Dismissal of application - Appeal thereagainst is not maintainable...........
Civil Procedure Code, 1908, Section 96(2), Order 43, Rule 1(d) -- Appeal - Dismissal of application U.O.9.R.13 CPC - Maintainability - Defendants instead of filing an appeal as contemplated u/s 96(2), O.43.R.1(d) CPC, chose to challenge the ex parte decree by filing an appeal u/s 96(1), O.41.Rr.1,2 CPC which is a substantive right - It cannot be held that present appeal..........
Civil Procedure Code, 1908, Section 96(2), Order 43, Rule 1(d), Limitation Act, 1963, Section 5 -- Appeal - Delay of more than 11 years in filing appeal - Condonation of delay - Cause shown in affidavit supporting delay condonation application not only bereft of material particulars but also vague - No reasons assigned by defendants for delay in filing appeal - More so,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Interim injunction - Appeal - Trial Court committed error by granting ex-parte interim injunction, that too without inviting objections from defendant - Moreover, Court also did not observe three conditions, i.e prima facie case, balance of convenience and irreparable loss and..........
