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...........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Appeal u/s 96 CPC - Is maintainable against ex parte decree, notwithstanding dismissal of application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Final decree - Partition suit - Where appeal against preliminary decree rejected even on the ground of limitation, it shall operate as a fetter to appellant's right to lay challenge to final decree on ground already raised and rejected during dismissal of appeal against preliminary decree - Appeal dismissed being not..........
Civil Procedure Code, 1908, Section 96(3), Land Acquisition Act, 1894, Section 54 -- Appeal - Land acquisition - Decree is not one passed by consent of parties - S.96(3) CPC will not apply - Statutory appeal u/s 54 of Land Acquisition Act, is, thus, maintainable...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Appeal against interim order passed during pendency of first appeal - It would be in interest of all parties to the appeal, that appeal itself be disposed of finally on merits and interference of interim orders not warranted - High Court requested to expeditiously dispose of appeal on merits...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 1825 days in filing appeal against ex parte decree - Defendant already exhausted remedy U.O.9.R.13 CPC - Appeal against ex parte decree filed after 5 years from dismissal of application U.O.9.R.13 CPC - Defendant can file an application U.O.9.R.13 CPC and a regular..........
