Civil Procedure Code, 1908, Section 2(2), 96, Order 7, Rule 11 -- Order of rejection of plaint even before numbering of same - Amounts to decree - Revision is not maintainable against the same in view of availability of remedy of appeal u/s 96 CPC...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Appeal against - Appellant while challenging ex parte decree by filing an appeal, can always point out from record of trial Court that order passed to proceed with the suit ex parte against him was illegal...........
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 96 -- First appeal - Permission sought to file single appeal against two decrees drawn in a consolidation of two suits - Appeal decided on preliminary objection without deciding application - Serious prejudice caused to appellant - Impugned order set aside - Matter remitted - High Court to decide application prior to deciding preliminary..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First Appeal - High Court while deciding first appeal committed serious error in neither forming points for determination nor considering evidence on record, in particular which had been relied upon by trial Court - Impugned judgment of High Court is unsustainable and thus, set aside...........
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...........
