Civil Procedure Code, 1908, Section 96,100, Order 1, Rule 10 -- Appeal - Non-impleadment of party - After death of original plaintiff his L.Rs. were brought on record - Plaintiff No.6 who was his daughter - Against judgment and decree partly decreeing suit and partly dismissing it, L.Rs. of plaintiff also filed first appeal before first Appellate Court - Plaintiff No. 6..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Duty of Court - Held, finding of fact based on conflicting evidences arrived at by trial court must weigh with appellate court, more so when the findings are based on oral evidence recorded by same Presiding Judge who authors judgment - This rule is a rule of practices - When there is conflict of oral evidences of..........
Civil Procedure Code, 1908, Section 96, 104, Order 43, Rule 1 -- First appeal - Finding recorded by Court below challenged by appellants by way of filing first appeal - Maintainability - Held, finding recorded by trial Court neither a decree nor appealable order - Appeal not maintainable...........
Civil Procedure Code, 1908, Section 96 -- First appeal 819- When first appellate Court reverses the judgment of trial court, it is required to consider all the issues of law and fact - In the instant case first appellate Court upset the judgment of trial Court without adverting to one of the issues - Judgment of first appellate court suffers from grave error - Impugned..........
Civil Procedure Code, 1908, Section 115, 96, 105 -- Suit barred by limitation - Dismissal of - Revision - Maintainability - Held, dismissal of suit as barred by limitation is final as the adjudication on ground of limitation will have effect of finally disposing of suit, against which, an appeal lies u/s 96 of CPC - Deciding issue of limitation as preliminary issue and..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Eviction decree - Trial court on thorough examination of evidence discovered that preparation of partnership deed was only sham affair and in fact there did not exist any partnership deed between tenant and sub-tenant - Evidence on record proved sub-letting - Held, eviction justified - No interference required -..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 3-A -- Delay in filing appeal - Not accompanied by delay condonation application - Appeal admitted and interim order granted - Held, unless delay in filing appeal is condoned appeal not competent to be entertained - Impugned order set aside...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Duty of court - Held, it is well settled position of law that first appellate Court being final Court of fact is to analyze all materials available on record and appreciate the same while coming to a factual finding contrary to finding of fact arrived at by trial Court and required to assign reason as to where trial..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 11, Limitation Act, 1963, Section 5 -- Condonation of delay - Appeal - Powers of Court - Held, nothing forbids a look into the merits in terms of O.41.R.11 CPC even while considering an application u/s 5 of Limitation Act in connection with a first appeal u/s 96 CPC...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Dismissal of appeal filed u/s 96 - Maintainability of application thereafter U.O.9.R.13 CPC - Held, where applicant has chosen the remedy of filing an appeal u/s 96 of the Code and if the appeal has been dismissed on any ground other than for the reason that he had withdrawn..........
