Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 696 days in filing appeal - Partition suit - Delay is about 1 year and 9 months - If indeed appellant/defendant really suffered on account of judgment and decree of trial Court, he would have taken steps to file appeal in time - Although plaintiff sought 1/3rd share..........
Hindu Marriage Act, 1955, Section 13B, 28, Civil Procedure Code, 1908, Section 96 -- Divorce by mutual consent - Appeal against decree - Appeal against decree of divorce by mutual consent is maintainable u/s 28 of Hindu Marriage Act and S.96(3) CPC has no bar...........
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Appeal against ex parte decree - Exclusion of time spent in pursuing application U.O.9.R.13 CPC - Provision of S.14 of the Act is not applicable in excluding time spent in proceeding U.O.9.R.13 CPC - However, principles analogous to S.14 of the Act would be applicable for purpose..........
Civil Procedure Code, 1908, Section 96 -- First appeal - High Court while dismissing the appeal preferred by defendants could not have passed any further order beyond judgment and decree passed by Trial Court, more particularly, in absence of any cross objection and/or cross appeal preferred by plaintiffs...........
Civil Procedure Code, 1908, Section 96, Evidence Act, 1872, Section 116, Transfer of Property Act, 1882, Section 48 -- Possession - Permanent injunction - Once defendant No.2 had transferred rights in suit property to plaintiff in terms of documentation, then subsequently, merely because DDA had executed a conveyance Deed in favour of defendant No.2 would not mean that..........
Civil Procedure Code, 1908, Section 96, 151, Order 23, Rule 3A -- Compromise decree - Setting aside - Order passed by Civil Judge, Senior Division, for all purposes would be understood rendered by District Judge - Against order passed by him no appeal lies u/s 96 CPC before District Judge...........
Civil Procedure Code, 1908, Section 96 -- Dismissal of appeal "as not pressed" - Right of appeal is a valuable right of a litigant - He is entitled to prosecute this right as it enables him to seek adjudication of issues on merits, which are subject matter of appeal by Appellate Court - Appellant can, however, forgo such right but it has to be done with express authority..........
Civil Procedure Code, 1908, Section 96 -- Dismissal of appeal "as not pressed" - Neither there was any express prayer made by appellant and nor it could be inferred from document relied on by Division Bench at the instance of respondents for forming an opinion "not to press the appeal" - Opinion formed by High Court for dismissing appeals "as not pressed" had no basis -..........
Civil Procedure Code, 1908, Order 22, Rule 3, 10, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section 96 -- Dismissal of application U.O.22.R.3 CPC - Miscellaneous appeal against dismissal of an application U.O.22.R.3 CPC is not maintainable...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Suit for recovery of money - Suit partly decreed by trial Court in favour of plaintiff - - Appellant challenged estimate and technical report - First Appellant Court without giving any reason affirmed judgment and decree of trial Court - First Appellant Court being final Court of facts has to apply his mind before..........
