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..........
Indian Penal Code, 1860, Section 96 -- Private defence - There was right of private defence because complainant party illegally entered into land of accused in dark night with a habitual offender - Due to free fight occurrence took place and in the said incident gun shot were made by both the parties which is evident from the site plan and due to gun shot by both the..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First Appeal - Jurisdiction of First Appellate Court while hearing first appeal is very wide like that of Trial Court and it is open to appellant to attack all findings of fact or/and of law in first appeal - It is duty of first Appellate Court to appreciate entire evidence and arrive at its own independent..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside - When an application U.O.9.R.13 CPC is invoked, defendant can also invoke remedy u/s 96 of the CPC and that invocation of one would not be, in any manner, contrary or exclusive to the other...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC are not mutually exclusive - They are virtually concurrent in their field of operation...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - When O.9.R.13 CPC provides that a decree can be set aside for reason that defendant was prevented by sufficient cause from appearing on date when case was called whereas u/s 96 CPC, he would obtain the right to assail decree itself on its merits..........
