Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Judgment of First Appellate Court - Non-consideration of evidence on record - Partition suit - High Court while deciding first appeal not considered the evidence on record - Suit was instituted in the year 1991, more than 3 decades ago - Evidence discussed by trial Court neither disputed nor demolished by..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 10 years 8 months in filing appeal - Appellate Court condoned the delay without giving notice to plaintiff and without hearing him - Proper procedure for appellate Court to not admit condonation application but to keep it pending and issue a notice upon other side to..........
Hindu Marriage Act, 1955, Section 13B, 23, Civil Procedure Code, 1908, Section 96 -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent is maintainable...........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- First appeal - High Court, in first appeal, impleaded a party and on this ground judgment and decree of trial Court set aside - High Court did not discuss as to whether an application to implead is maintainable - Judgment and decree of trial Court cannot be set aside without any further entering into merits of..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Duty is cast on Appellate Court to adjudicate first appeal both on questions of fact and applicable law, as right to file an appeal by an unsuccessful party assailing judgment of Original Court is a valuable right...........
Civil Procedure Code, 1908, Section 96 -- First appeal - First Appellate Court is final Court of fact and law - However, it has to fall in line with scope and ambit of S.96 of the Code...........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Grant of leave to appeal - Principles governing - (i) Ss.96 and 100 of CPC provide for preferring an appeal from an original decree or decree in appeal respectively; (ii) said provisions do not enumerate the categories of persons who can file an appeal; (iii) however it a settled legal proposition that a stranger..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - By a stranger to decree - Grant of leave to appeal - A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies the Court that he falls with category of aggrieved persons - It is only where a judgment and decree prejudicially affects a person who is not a party to the proceedings, he can..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - By a stranger to decree - Grant of leave to appeal - `Person aggrieved' - Does not include a person who suffers from a psychological or an imaginary injury - A person aggrieved must, therefore, necessarily be one, whose right or interest has been adversely affected or jeopardized...........
Civil Procedure Code, 1908, Section 96(2), Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint amount to a decree - An appeal lies thereagainst...........
