Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal could be admitted only when appellant satisfies the Court that substantial questions of law between parties arise - Proper test for determining whether a questions of law raised in the case is substantial would be or whether it directly and substantially affects the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - Ownership of plaintiff is not at all disputed and same is well supported by documentary evidence - Concurrent findings of Courts below in decreeing the suit of plaintiff cannot be interfered with - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 58, 69, 97 -- Attachment of property - Rejection of claim or objection to attachment - Appeal thereagainst is not maintainable having regard to express provision contained in O.21.R.58(5) CPC - Remedy lies to file a suit seeking declaration of their rights in respect of property in question...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - When title and possession have already been decided, claim of petitioners is thus, without any substantive basis - Merely because their second appeal is pending, same cannot be a ground to obstruct the execution of decree of plaintiff...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - In exercise of jurisdiction U.O.47.R.1 CPC it is not permissible for an erroneous decision to be "reheard and corrected" - A review petition has a limited purpose and cannot be allowed to be "an appeal in disguise."..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - In case of misapplication of law and improper appreciation of evidence on record, particularly the documentary evidence, it is the bounden duty of High Court sitting in Second Appeal to consider such questions which are substantial in nature in terms of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Considerations in S.100 CPC arise only when there is a substantial question of law and not mere such questions of law or one based on facts...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial questions of law are the sine qua non for the exercise of jurisdiction u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Recovery suit - Findings and reasoning provided by first appellate Court are consistent with established legal principles - First appellate Court decreed the suit of plaintiff after meticulously reviewing all evidence on record - Suit rightly decreed - Second appeal dismissed...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - When two or more suits have been disposed of by a common judgment, but by separate decrees and where the decree in one suit has been challenged in appeal without challenging the decrees in the other suits, the principle of res judicata would be applicable...........
