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..........
Civil Procedure Code, 1908, Section 96(4) -- Appeal - Recovery suit - No question of law arises for consideration - It is only an appeal u/s 96(1) CPC which lies...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Maintainability - Order dismissing application U.O.9.R.13 CPC - First appeal u/s 96 CPC is not maintainable against such an order, as first appeal has to be preferred against such order u/s 104 r/w O.43.R.1(d) CPC...........
Civil Procedure Code, 1908, Section 96 -- Appeal by person not party to suit - Leave to appeal - Partition suit - Preliminary decree - Appellant is transferee pendente lite - He is in possession of suit property and is directly affected by preliminary decree passed in partition suit - Appellant held, permitted to file appeal against preliminary decree - Application for..........
Civil Procedure Code, 1908, Section 96, 2(2), Order 41 -- Appeal - Is maintainable against order refusing to pass final decree as, such order will fall within the definition of decree in S.2(2) CPC...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Not maintainable when it is filed against a finding and not against decree...........
