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...........
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..........
