Civil Procedure Code, 1908, Order 22, Rule 3, 10, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section 96 -- Dismissal of application U.O.22.R.3 CPC - Miscellaneous appeal against dismissal of an application U.O.22.R.3 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 8, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Restoration of suit dismissed in default - Defendant duly represented and it was plaintiff who did not appear - Order of dismissal of suit is U.O.9.R.8 CPC - Rejection of application for restoration of suit is covered U.O.43.R.1(c) CPC - Factual mistake committed by lower..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Granted against defendant trust not to interfere with plaintiff's right of seva puja of deities - Order set aside in appeal - Admittedly, plaintiff trust was registered with due process - Right of seva puja was conferred on trust - Possession of trust..........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Appeal - When an application U.O.9.R.13 CPC is dismissed, defendant can prefer appeal in terms of O.43.R.1 CPC - Once such an appeal is dismissed, appellant cannot raise the same contention in first appeal...........
Civil Procedure Code, 1908, Order 40, Rule 1, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Order of appointment of receiver - Order is appealable U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 40, Rule 1, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appointment of receiver - With condition to deposit amount - Order of appointment takes with it liability to pay amount as stipulated - It goes as a single package - Obligation or burden imposed alone cannot be severed - If party so appointed is not willing to comply with..........
Civil Procedure Code, 1908, Section 104, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Dismissal of application U.O.39.R.2-A CPC - Appeal against - Not maintainable...........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal against remand order - Court U.O.43.R.1(u) CPC is concerned about validity of remand order and not merits of case of either party...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 21, Rule 58 -- Rejection of application U.O.21.R.58 CPC - Appeal thereagainst U.O.43.R.1 CPC - Not maintainable, in view of express provision of O.21.R.58(4) CPC, as only an Execution First Appeal would be maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte decree - Setting aside - Dismissal of application in default - Appeal against said order, is maintainable...........
