Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Condonation of delay in filing appeal - Applicability of S.5 of Limitation Act - Since there is a specific provision governing the field for condonation of delay in filing appeal as stipulated in O.41.R.3-A CPC, provision of S.5 of Limitation Act cannot be invoked...........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal by stranger - A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies Court that he falls within the category of aggrieved persons - It is only where a judgment and decree prejudicially affects a person who is not a party to proceedings, he can prefer an appeal with leave of appellate..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Leave to file an appeal - A party to a suit adversely affected by a decree or any of his representatives-in-interest may file an appeal - But a person who is not a party to a decree or order may, with leave of Court, prefer an appeal from such decree or order if he is either bound by a decree or order or is aggrieved..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Person aggrieved - Expression `person aggrieved' does not include a person who suffers from a psychological or an imaginary injury - A person aggrieved must, therefore, necessarily be one whose right or interest has been adversely affected or jeopardized...........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Leave to file an appeal - Rejection of application filed U.O.1.R.10 CPC is per se not a ground to reject application for leave to file appeal...........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Grant of leave to appeal - Law as to: (i) Ss.96, 100 CPC respectively provide for preferring an appeal from an original decree or decree in appeal respectively; (ii) said provisions do not enumerate categories of persons who can file an appeal; (iii) However, a stranger cannot be permitted to file an appeal in any..........
Civil Procedure Code, 1908, Section 96(3), 96(3), Order 12, Rule 6 -- Judgment on admission - Appeal thereagainst - Defendant in the presence of his Counsel suffered a statement and accepted the claim of plaintiff - Statement of defendant recorded by Court was categoric and clear like crystal - Appeal against such decree not maintainable as per S.96(3) CPC...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Agreement to sell - Suit for specific performance - Trial Court partly decreed the suit to the extent of recovery of Rs.40,000/- - Separate appeal or cross objections thereagainst not filed - In the absence of cross appeal or cross objections, first appellate Court could not have recorded a finding that subject..........
Civil Procedure Code, 1908, Section 96 -- Composite single appeal - Dismissal of suit and decreeing counter claim - When both the civil suit and counter-claim was decreed by a common judgment, regardless of whether a separate decree has been prepared in the counter claim, both would be required to be challenged by separate appeals - Composite single appeal dismissed being..........
Civil Procedure Code, 1908, Section 96 -- Appeal - By a person not party to suit - Appellants who were not made parties to suit have a right to seek leave to appeal from the judgment if such persons can show, even prima facie, that they are adversely affected by judgment or would be bound by it by reason of the facts shown to appellate Court...........
