Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(r) -- Appeal - Not maintainable against an order in appeal filed U.O.43.R.1(r) CPC - Once an appellate Court has exercised jurisdiction U.O.43.R.1(r) CPC, does not provide a further appeal under the same rule...........
Court Fees Act, 1870, Section 6A, Civil Procedure Code, 1908, Section 104 -- Court fee - Suit held to be appropriately valued - Appeal u/s 6-A of Court Fees Act is not maintainable as appeal thereunder lies only when a party to the proceedings is called upon by Court to make good deficiency in Court fee as such provision of S.6-A of Court Fee Act is not available to the..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Execution - Third party objections - Evidence required to decide the same - Executing Court thus, justified in holding objections at the instance of third party to be maintainable at this stage not in the sense that a decree cannot be executed against them but in the sense..........
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1(k), 104 -- Rejection of application U.O.22.R.3 CPC - Appeal - Maintainability - Application for substitution was dismissed U.O.22.R.3 CPC - There is no specific prayer for setting aside abatement either in the substitution application or even by means of a separate application - As..........
Constitution of Jammu and Kashmir, 1957, Section 104, Jammu and Kashmir Civil Procedure Code, 1977 , Order 6, Rule 17 -- Amendment of pleadings - After issues have been framed - Court allowing amendment to incorporate claim regarding dispossession from suit property during pendency of suit - Since, plaint can be amended to introduce cause of action that arose during the..........
Constitution of Jammu and Kashmir, 1957, Section 104, Jammu and Kashmir Civil Procedure Code, 1977 , Order 6, Rule 17 -- Amendment of pleadings - After issues have been framed - Suit for declaration and permanent injunction - Court allowing amendment to incorporate claim regarding dispossession from suit property during pendency of suit, would not change nature of suit -..........
Civil Procedure Code, 1908, Section 104(h) -- Appeal - Order of arrest and detention - Appeal u/s 104(h) CPC not maintainable, if order of arrest and detention is passed in execution proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104(1)(i), Constitution of India, 1950, Article 227 -- Temporary injunction - Revision under Art.227 Constitution of India thereagainst - Remedy of appeal is provided U.O.43.R.1(r) and S.104(1)(i) against an order of temporary injunction -..........
Civil Procedure Code, 1908, Section 104, Order 39, Rule 1, 2 -- Order U.O.39.Rr.1, 2 CPC - Appeal - If an order is passed by any Court U.O.39.Rr.1, 2 CPC by trial Court or by appellate Court, as the case may be, appeal lies u/s 104(1) CPC but thereafter, no further appeal would lie, as legislative bar contained in S.104(2) CPC would apply in full force...........
Civil Procedure Code, 1908, Section 104, Order 43, Rule 1, Delhi High Court Act, 1996, Section 10(1) -- Appeal - Right to file list of witnesses as well as evidence by way of affidavits - Maintainability - Suit for specific performance - An appeal shall lie only against the order of single judge which are mentioned in S.104 r/w O.43.R.1 of CPC - Order under challenge do..........
