Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Setting aside - When an ex-parte decree is passed, defendant has two remedies: (i) Either to file an application U.O.9.R.13 CPC to set aside ex-parte decree by satisfying Court that summons was not served or if served, defendant was prevented by sufficient cause from appearing in Court when suit..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Appeal - Right to appeal u/s 96(2) CPC challenging original decree passed ex-parte, being a statutory right defendant cannot be deprived of statutory right merely on the ground that he did not file any application U.O.9.R.13 CPC...........
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...........
Consumer Protection Act, 1986, Section 27, Insolvency and Bankruptcy Code, 2016, Section 96 -- Stay of execution of penalty orders - Interim moratorium - Penalties imposed by NCDRC arise due to non-compliance with consumer protection laws and serve a regulatory function rather than constituting "debt recovery proceedings - Moratorium u/s 96 of IBC does not extend to..........
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...........
