Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43 -- Order returning plaint for presentation before appropriate court - Held, not appealable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(2), Constitution of India, 1950, Article 226 -- Ad interim injunction order - Appeal thereagainst - Maintainability - Ad interim order of status quo passed u/s 151 - Held, order was passed u/s. 151, CPC, it cannot be inferred that such an order was not capable of being passed..........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(t) -- Bar u/s 104(2) - Applicability - Appeal - Dismissal for want of prosecution - Restoration application filed along with application for condonation of delay rejected - Appeal thereagainst - Held, it would be an appeal U.O.43.R.1(t) r/w S.104 of CPC and not intra court appeal or Letter Patent Appeal - Hence..........
Civil Procedure Code, 1908, Order 43, Rule 1(u), Partnership Act, 1932, Section 69(2A) -- Remand - Appeal against - Suit for dissolution of unregistered partnership firm - Maintainability - Since S.69(2-A) of the Act is held to be unconstitutional, a suit by a partner of unregistered firm for dissolution for accounts and for realization of his share is maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Appeal against - Maintainability of - Objections were raised before trial court U.O.23.R.3 of CPC in passing decree based on agreement or compromise - Held, appeal u/s 96(1) would be maintainable...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 227 -- Suit for possession by way of specific performance of agreement to sell - Along with suit, application for interim injunction also filed on which parties directed to maintain status quo regarding possession and alienation - Plaintiff petitioner filed applications under order 39..........
Civil Procedure Code, 1908, Section 96(3), Order .43, Rule 1A(2) -- First appeal - Maintainability - Challenge to recording of compromise and to question of validity thereof while preferring an appeal against decree - Held, appeal is maintainable U.O.43.R.1 (A) (2) of CPC...........
Civil Procedure Code, 1908, Order 40, Rule 1, Civil Procedure Code, 1908, Order 43, Rule 1(s) -- Receiver - Appointment - Order is appealable and not revisable...........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal from order - Grounds for hearing of - Held, appeal from order is required to be heard on the only grounds enumerated in S.100 of CPC - In short, unless there is substantial questions of law falls for consideration of this court, this court is not supposed to entertain this appeal from order - This Court has to..........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal from order - Held, appeal from order is required to be heard on the only grounds enumerated in S.100 of CPC - In short, unless there is substantial questions of law falls for consideration High Court is not supposed to entertain appeal from order...........
