Civil Procedure Code, 1908, Order 41, Rule 33 -- Judgment of First Appellate Court - Suit for specific performance - First appellate Court had formulated a point on the issue of readiness and willingness on the part of plaintiffs and thereafter discussing the evidence on record arrived at a just finding - First Appellate Court is fully justified in formulating a point in..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Part of the decree which essentially ought to have been appealed against, or objected to, by a party and which that party has permitted to achieve a finality cannot be reversed to the advantage of such party...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Appellate Court has powers to correct findings given by trial Court by exercising powers conferred U.O.41.R.33 CPC, in the absence of questioning said finding by way of appeal or cross-appeal...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Suit for specific performance - Defendant acquired the suit property from her father through registered settlement deed - Recitals of document clearly show that defendant is having only life interest in suit property - Defendant has no right to transfer suit property to third parties including execution of..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - Appellate Court has power U.O.41.R.33 CPC to pass any decree and to make any order which ought to have been passed and thus, power can be exercised by appellate Court notwithstanding that appeal is with regard to only a part of decree...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Suit for possession - Defendants sold their 1/3rd portion of property to plaintiffs for a sum of Rs.700 - When the first appellate Court was finding that sale deed was a valid one and when the amount of Rs.700 was not being returned to plaintiff, plaintiffs should also get possession over 1/3rd portion of house..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - Appellate Court is not expected to exercise power U.O.41.R.33 CPC, while admitting an appeal - Such power can be exercised while considering appeal on merits...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 33 -- Preliminary decree for partition - Modification - Preliminary decree attained finality by drawing up of final decree which is executed - Plaintiff cannot seek modification of share granted to her in preliminary decree...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 33 -- Preliminary decree for partition - Modification - Preliminary decree can be drawn afresh or modified only before final decree is drawn up...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - In absence of challenge to findings recorded by trial Court, appellate Court could not have reversed it by taking recourse of provisions of O.41.R.33 CPC...........
