Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery on basis of pronote - Whether plaintiff has proved execution of pronote and receipt by leading cogent evidence, can be said to be a question of fact - It cannot be said to be question of law much less substantial question of law - High Court thus, committed a serious error in upsetting concurrent..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - Appellate Court has power U.O.41.R.33 CPC to pass any decree and to make any order which ought to have been passed and thus, power can be exercised by appellate Court notwithstanding that appeal is with regard to only a part of decree...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Suit for possession - Defendants sold their 1/3rd portion of property to plaintiffs for a sum of Rs.700 - When the first appellate Court was finding that sale deed was a valid one and when the amount of Rs.700 was not being returned to plaintiff, plaintiffs should also get possession over 1/3rd portion of house..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of Courts below that plaintiff miserably failed to prove his possession and ownership over plot in question and accordingly his suit is dismissed on merits - Findings of fact are based on appreciation and re-appreciation of evidence and do not suffer from any..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement without invoking provision of S.89 CPC - Appellant while withdrawing appeal is entitled to refund of full Court Fee as provided u/s 16 of Court Fees Act...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is available only when there is an error apparent on face of record and not on erroneous decision to be reheard and corrected - A review application cannot be allowed to be an "an appeal in disguise"...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Delay - Appeal not accompanied by an application for condoning delay - It is a curable defect - If required such an application can be filed subsequently and appeal can be treated as presented in accordance with requirement contained in O.41.R.3-A CPC...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Delay - Appeal not accompanied by an application for condoning delay - Appeal cannot be rejected in a case where appeal is not accompanied by an application for condoning delay...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Cannot be claimed as a matter of right and only on genuine reasons, delay is to be condoned and not otherwise...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Concurrent findings of both the Courts below that defendant was in illegal possession of suit property based on report of Local commissioner qua which no objections were filed by defendants - No question of law much less substantial question of..........
