Civil Procedure Code, 1908, Section 96 -- Appeal by third party - A person who is affected by a judgment but is not a party to suit, can prefer an appeal with leave of Court - Sine qua non for filing an appeal by a third party is that he must have been affected by reason of the judgment and decree which is sought to be impugned...........
Civil Procedure Code, 1908, Section 151 -- Final partition decree - Cannot be recalled u/s 151 CPC when alternative remedy of appeal exits - High Court erred in exercising its jurisdiction u/s 151 CPC recalling final decree rather than directing respondents to pursue effective alternate remedies under law...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7, Suits Valuation Act, 1887, Section 8 -- Rejection of plaint - Suit for mandatory injunction - Once suit is valued for the purpose of jurisdiction then court fee is to be paid ad valorem on such amount - In the instant case suit valued for the purpose of..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Error that has to be detected by a process of reasoning, cannot be described as an error apparent on the face of record for Court to exercise its power of review U.O.47.R.1 CPC...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - A party cannot be permitted to repeat old and overruled arguments for reopening conclusions arrived at in a judgment...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Court can correct a mistake but not substitute view taken earlier merely because there is a possibility of taking two views in a matter...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Non-production of relevant documents on the part of a party at appropriate stage cannot be a ground for seeking review of judgment, particularly when five opportunities were available to him for production of said documents which were all frittered away one by one...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Recourse to successive review petitions against same order is impermissible, particularly when respondents miserably failed to draw attention of Court to any circumstances that would entitle them to invoke review jurisdiction within ambit of Rules...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Discovery of new material - It is imperative for a party to establish that discovery of new material or evidence was neither within its knowledge when decree was passed, nor could the party have laid its hands on such documents/evidence after having exercised due diligence, prior to passing of order...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Must be against plaintiff...........
