Limitation Act, 1963, Article 135, Civil Procedure Code, 1908, Order 41, Rule 5 -- Execution - Mandatory decree - Appeal against - Merely filing of an appeal does not amount to stay or mere institution of appeal does not prevent D.H. to execute the decree unless appellate Court puts an embargo the decree is executable - If the appellate Court stays the execution..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 5 -- Declaratory decree - Stay of operation of decree pending disposal of appeal - Held, appellate Court has power to grant stay of operation of decree...........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 26 -- Mere pendency of an appeal does not amount to stay of execution proceedings - Appeal pending against dismissal of application U.O.9.R.13 CPC - No stay granted - Executing Court cannot stall execution proceedings...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 5 -- Appeal - Not signed by the appellant - Vakalatnama also not attached with appeal - Appeal filed by lawyer who contested the case in the trial Court - Appeal not defective as there was no change of lawyer who by virtue of the Vakaltnama already executed is empowered to prefer an appeal or revision...........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5(2), Civil Procedure Code, 1908, Order 39, Rule 2 -- Suit for permanent injunction - Decreed - Appeal against - Mere filing of an appeal does not operate as stay of decree - Appellate Court shall not pass an order of stay of such a decree U.O.41.R.5(2) - It has to pass an order of temporary injunction U.O.39.R.2 if..........
Civil Procedure Code, 1908, Section 2(2), 96, 115, Order 41, Rule 5 -- Decision on merits - Amounts to decree - Appeal lies - No appeal can be filed against a decision not given on merits i.e given only on some technical point - Against such decision only revision lies - In the instant case decision given dismissing suit on legal bar created by Consolidation Act - Revision..........
Civil Procedure Code, 1908, Order 41, Rule 5(3)(c), Limitation Act, 1963, Section 5 -- Condonation of delay - Allowed subject to deposit of entire decretal amount - Held, order is not legally sustainable as for condoning the delay in filing the appeal the only aspect to be considered would be as to whether there is sufficient cause or not for not preferring the appeal..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 30, Rule 5, Civil Procedure Code, 1908, Order 41, Rule 23 -- Three suits - Involving common questions of facts and law - Trial Court heard them analogously and delivered a common judgment governing all the suits - Issues not framed separately in all the three suits and not setting those..........
Civil Procedure Code, 1908, Order 41, Rule 5, 6 -- Power under Rule 6 can only be exercised when the appellate Court has not already exercised jurisdiction under Rule 5...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Admission of appeal does not amount to stay of execution...........
