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..........
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 - It would be in prudence or at least ex abundanti cautela that defendant also files an appeal within period of limitation and then wait and watch as to what happens to his application U.O.9.R.13 CPC...........
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 - If a party chooses to file an application U.O.9.R.13 CPC before Sub Court to set aside decree, he would also be required to consider it to file an appeal simultaneously to avoid delay in filing appeal before District Court...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Condonation of delay - Delay of 1433 days in filing appeal against ex parte decree - Defendants elected to prosecute and proceed only with application U.O.9.R.13 CPC, but not with the remedy of appeal u/s 96 CPC - They filed appeal after a fairly long period of time nearly 1433..........
Civil Procedure Code, 1908, Section 96 -- First appellate Court - Suit for declaration and permanent injunction - Merely because trial Court not framed any specific issue qua possession, if any of plaintiff pursuant to lease deed, but since question with regard to validity of lease deed was before first appellate Court, there was no bar for it to make findings/observations..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 11 -- First appeal - Dismissal at preliminary stage of hearing - High Court is empowered to dismiss first appeal at preliminary stage of hearing if there is no merit in appeal provided the said dismissal is supported by reasons while exercising power U.O.41.R.11 of CPC...........
Civil Procedure Code, 1908, Section 100, 96 -- Second appeal - Suit for permanent prohibitory injunction - Trial Court decreed the suit - First appellate Court allowed the appeal without recording its own independent finding and without reverting/setting aside finding recorded by Trial Court - Order passed by Trial Court is not sustainable in eyes of law and thus set aside..........
