Civil Procedure Code, 1908, Section 100 -- To confer jurisdiction on High Court under S.100 CPC a substantial question of law is sine qua non - High Court interfered with fact finding entered by First Appellate Court on question of undue influence, fraud etc. in execution of sale deed - Trial Court dismissed but lst appellate Court decreed the suit - No substantial..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution - Amendment - Allowed - High Court reversed the order - Appeal against - Decree holder permitted to file a fresh execution showing correct amount due as per decree - New execution application permitted to be filed without prejudice to the right of J.D. to raise all contentions...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Parties have a right to be heard both on questions of law and facts and the judgment must address itself to all the issues of law and fact and decide it by giving reasons in support of the findings...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Second appeal - Additional evidence - Suit for specific performance - Decree of trial Court affirmed in first appeal - During pendency of second appeal consolidation operations came to be finalised - Various orders and forms in consolidation sought to be filed in second appeal - Application allowed...........
Civil Procedure Code, 1908, Section 115 -- Arbitration award - Made rule of Court - Appeal dismissed - Revision - High Court set aside award on interpreting clause 45 and 46 of agreement and found that Arbitrator committed gross misconduct in awarding damages on misconstruction of clauses of contract - Held, High Court exceeded its revisional jurisdiction - Impugned..........
Civil Procedure Code, 1908, Order 34, Rule 5 -- Deposit before confirmation of sale - Deposit made during pendency of appeal against confirmation - It is a valid deposit if appeal is accepted...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Additional ground - As additional ground raised is question of limitation which involves substantial question of law, same is permissible...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of fact - Can be interfered in second appeal when appellate Court proceeded on a wrong footing relating to onus...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal - Can be permitted to be adduced when the Court requires it to pronounce the judgment satisfactorily...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - There is no bar for the Court in the second appeal to take up other substantial questions of law at the time of hearing...........
