Civil Procedure Code, 1908, Section 96(3) -- Appeal - Compromise decree - Bar contained u/s 96(3) CPC - Where party disputes being signatory to compromise or compromise decree is challenged on ground of fraud, undue influence or misrepresentation, bar stipulated u/s 96(3) CPC, would not come in way of filing an appeal - It is also open to such party to file a regular civil..........
Insolvency and Bankruptcy Code, 2016, Section 7, 9, Limitation Act, 1963, Article 137 - - Limitation Act is applicable to applications filed u/ss 7 & 9 of the Code - It is article 137 of Limitation Act which gets attracted - Limitation to file application is three years from the date of issuance of recovery certificate, as default in the case is not continuing -..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Appointment of new Advocate Commissioner and to scrap report of Advocate Commissioner already appointed - Warrant was issued not once but twice to same Advocate Commissioner and pursuant thereto he submitted reports - Defendant did not file an application before trial Court to scrap the report - Trial Court relied upon the..........
Civil Procedure Code, 1908, Order 22, Rule 4(1) -- Scope - U.O.22.R.4(1) CPC two situations are contemplated (i) where one of two or more defendants dies and right to sue does not survive against surviving defendants or defendant alone; (ii) a sole defendant or sole surviving defendant dies and right to sue survives - In both these situations Court on application made in..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Scope - Courts power to exempt plaintiff from necessity of substituting legal representatives of a defendant who has failed to file a written statement or who having filed it has failed to appear and contest the suit could be exercised only in a case where Court is obliged to pronounce a judgment on adjudication after..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within extended period of 120 days - Defendant forfeits his right to file written statement...........
Civil Procedure Code, 1908, Section 96 -- Appeal - A party to a suit adversely effected by a decree or any of his representatives-i, interest may file an appeal - But a person who is not a party to a decree or order may with leave of Court, prefer an appeal from such decree or order if he is either bound by a decree or order or is aggrieved by it or is otherwise..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of appeal - Allowed - However, liberty not given to file fresh appeal on the same cause of action - Once withdrawal of appeal is permitted, Court to grant permission to file fresh appeal on the same cause of action...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time for depositing balance sale consideration - DH was pursuing litigation in a bona fide manner - As JD refused to accept amount, execution of decree was filed during currency of period of 30 days within which DH was to deposit balance sale consideration - If JDs were ready to accept..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree of permanent prohibitory injunction - Disobedience - Where JDs disobey decree of permanent injunction passed against them by gaining illegal possession of suit property, DH cannot be asked to file a fresh suit for possession by Executing Court - Possession can be ordered to be delivered to DHs by JD by..........
