Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiff being husband of deceased is heir of deceased - Nikahanama in proof of marriage between plaintiff and deceased was available on record - PW2, who is witness of said marriage stated that amount of Mehar is also settled - Therefore, in absence of any contrary evidence, First..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law means not only `substantial question of law' of general importance but also a substantial question of law arising in a case as between parties...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Jurisdiction of High Court u/s 37 of the Act is distinct from jurisdiction in a first appeal arising out of a decree in a civil suit - High Court committed error in reversing judgment of District Judge in decreeing claim in its entirety - Award of arbitrator was challenged unsuccessfully by..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - Appellate Court is not expected to exercise power U.O.41.R.33 CPC, while admitting an appeal - Such power can be exercised while considering appeal on merits...........
Civil Procedure Code, 1908, Section 41 -- Remand - Suit for permanent injunction - Appellate Court remanded the matter back to trial Court on the ground that trial Court had not recorded specific conclusion with regard to plot in question - However, judgment of trial Court reveals that categorical finding has been recorded in it with regard to ownership and possession of..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Appellant was not present on the date when case was called, therefore appellate Court dismissed the appeal - However, in a case on a particular fixed date of hearing, if appellant or his counsel do not appear then also Court committed error in dismissing the case..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - When compromise is incomplete and bad for non-joinder of all the sharers, Court will have no other option, but to proceed with suit or appeal, as the case may be by rejecting compromise...........
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..........
