Civil Procedure Code, 1908, Section 96 -- First appeal - High Court while deciding First appeal must consider evidence on record, oral and documentary and also the questions of law raised before it - It is also duty of Court to consider the reasons given by the trial Court against which the first appeal was filed and thereafter dispose of the same after passing a speaking..........
Civil Procedure Code, 1908, Section 96 -- First appeal - High Court without calling for the records and proceedings and without appreciating the pleadings and evidence, oral and documentary on record dismissed the appeal - Order of High Court set aside - Matter remitted back for decision afresh in accordance with law...........
Civil Procedure Code, 1908, Section 96 -- Appeal - High Court summarily dismissing appeal without going into the vital issues - Not sustainable...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Appellate court - Judgment of - Nature of provision of O.41.R.31 CPC - Held, provision is mandatory in nature - When appellate court fails to follow mandatory requirement of O.41.R.31 CPC, judgment of appellate court cannot be sustained in law...........
Civil Procedure Code, 1908, Section 96, 105, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Conditional leave - Revision against - Maintainable - In case no revision is filed it is permissible for the defendant to raise the said contention in the appeal...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 2 -- New plea - Raised for the first time in appeal - Held, new plea not pleaded in defence in trial Court cannot be entertained at appellate stage...........
Civil Procedure Code, 1908, Section 96 -- Appeal - By third party - Ordinary rule is that only a party to a suit adversely affected by the decree or any of his representative in interest can file an appeal - However, if a person can establish before the Court that he would be affected by the judgment, he may prefer an appeal with the leave of the appellate Court...........
Civil Procedure Code, 1908, Section 96 -- Appeal - By third party - Appeal can be filed with leave of the Court - Leave should be granted to a person to file an appeal even though he was not an eo nominee party to the suit or proceeding, if he is bound by the decree of judgment in the proceeding in question...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 3-A -- Appeal by third party with leave of Court - Appeal filed beyond period of limitation - Held, even an appeal filed with leave of the Court, still the appellants are required to file an application for condonation of delay, if any...........
Civil Procedure Code, 1908, Section 96 -- First appeal - First Appellate Court should deal with questions of fact as well as law - It is the primary duty of the appellate Court to discuss and analyze evidence with respect to each and every point urged and whether it supports the case of the appellant or defendant - It is not merely sufficient to reproduce the evidence and..........
