Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, 41(2) -- Condonation of delay - Sufficient cause - Defendants not present when decree was passed against them and they came to know about it only when notice of execution was served upon them - No malafide intention - Delay of 1 year, 9 months and 8 days rightly, condoned...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1, 2 -- Leave to file appeal by third party - A person who is not party to a decree or order may, with the leave of Court, prefer an appeal from such decree or order if he is either bound by decree or order or is aggrieved by it or is otherwise prejudicially affected by it...........
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...........
