Civil Procedure Code, 1908, Section 96 -- First appeal - Decree for specific performance - Doctrine of merger - Appeal of JD was dismissed for non-prosecution - There would be no merger of trial Court decree in appellate Court order...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Mere filing of appeal or an application U.O.9.R.13 CPC, would not make a JD entitled to stay execution of decree passed in favour of DH...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of fact howsoever erroneous cannot be reopened and disturbed in second appeal which is required to be adjudicated only upon substantial question of law if any arising therein...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Where findings are strictly finding of facts and are not shown to be perverse in any manner and they have not been returned on basis of any inadmissible evidence, it was not open for Second Appellate Court to go into correctness of those findings by reappreciating evidence adduced by parties...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot reappreciate evidence and interfere with finding of facts unless a substantial question of law or a question of law duly formulated is to be decided...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court is not expected to reassess entire evidence as if it were hearing a regular appeal - Interference is justified only if findings of Courts below are shown to be perverse, unsupported by evidence or based on an incorrect application of law...........
Civil Procedure Code, 1908, Order 41, Rule 11 -- Appeal - Dismissal at admission stage - O.41.R.11 CPC provides for power to dismiss appeal without sending notice to lower Court - Thus, necessity is of admission of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When plaintiffs themselves asserted title on basis of long and continuous possession through their predecessors, subsequent attempt to introduce General Land Register (GLR) in the form of additional evidence at appellate stage assumes little legal significance - Once the trial had..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Appeal seeking re-appreciation of evidence is impermissible in second appellate jurisdiction in the absence of a substantial question of law...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Where a finding is returned by Court and same is assailed before appellate Court and appellate Court if it is a Court of fact may reverse it by appreciating evidence, but would have to record reasons in support of its conclusion...........
