Civil Procedure Code, 1908, Section 96, Order 41, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10 -- Leave to file appeal - Suit for declaration of title - Rejection of application filed by mother of petitioner for impleadment U.O.1.R.10 CPC per se not a ground to reject application for leave to file appeal - As Appellate Court has to see as to whether petitioner..........
Civil Procedure Code, 1908, Section 96, Order 41 -- Appeal - Valuation of appeal - Suit for permanent injunction and declaration - Counter claim - Only the judgment and decree of suit has been challenged in appeal but not the dismissal of counter claim - Valuation of suit thus, would be valuation of appeal for jurisdiction of Appellate Court and not the combined value of..........
Civil Procedure Code, 1908, Section 96, Order 41 -- Appeal - Jurisdiction of appellate Court cannot be made dependent on fluctuating valuation of claim in appeal - Valuation of claim in appeal has relevance only for the purposes of Court fee - Valuation for the purposes of determining jurisdiction and for the purposes of Court fee are two distinct factors - They need not..........
Civil Procedure Code, 1908, Section 96 -- Money decree - Appeal - Decretal amount paid during pendency of appeal - After decretal amount was paid an opportunity was given to appellant as to whether it wanted to pursue appeal or not - Arrogance of officials not to take decision and attitude that `let the Courts decide and play safe' not a good policy - Appeal dismissed with..........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- Appeal by co-owner for eviction on ground of bona fide requirement - Other non willing co-owners impleaded as proforma defendants in suit not impleaded as party in appeal - Held, co-owners are necessary party - Appeal is not maintainable...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Finding that Civil Court has no jurisdiction to entertain suit - It amounts to a decree - Remedy is of appeal u/s 96 CPC...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Suit dismissed in default - Maintainability of appeal - Dismissal of suit for absence of plaintiff and for want of evidence is not in the nature of a decree, as rights of parties are not adjudicated - Appeal against same does not lie u/s 96 CPC - Appeal, held, not maintainable...........
Civil Procedure Code, 1908, Section 96(3) -- Appeal - Maintainability - When a decree passed is said to be on the basis of a compromise or consent and if it is legally not such a decree, there cannot be any prohibition, either u/s 96(3) CPC or otherwise, in challenging the correctness of decree before an appellate forum...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First Appeal - Court to decide first appeal keeping in view the scope and powers conferred on it under S.96 read with O.41.R.31 CPC - Judgment of appellate Court shall state : (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree appealed from is..........
Civil Procedure Code, 1908, Section 96(2), Order 43, Rule 1(d) -- Appeal - Dismissal of application U.O.9.R.13 CPC - Maintainability - Defendants instead of filing an appeal as contemplated u/s 96(2), O.43.R.1(d) CPC, chose to challenge the ex parte decree by filing an appeal u/s 96(1), O.41.Rr.1,2 CPC which is a substantive right - It cannot be held that present appeal..........
