Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding - Finding of fact cannot be interfered with in second appeal unless the findings are perverse...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Unwanted litigation - Government/defendants carved out a metalled road through land without either acquiring the same under the law or paying any compensation in lieu of it - Suit of plaintiffs rightly decreed by Courts below - To ensure that State and its offices are discouraged from going into such unwanted..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Once application U.O.9.R.7 CPC is dismissed and ex parte decree is passed then defendants had a remedy to file an application U.O.9.R.13 CPC and after rejection of such an application further remedy of appeal U.O.47.R.1 CPC was available...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Ex parte decree - First Appellate Court has not reversed the decree on merit and simply held that trial Court has wrongly proceeded ex parte against defendants - First Appellate Court ought to have considered appeal on merit and in case appellate Court finds it to be a fit case for reversal then only it can remand..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Appeal - Ex parte decree - Setting aside - Defendant has a right to avail statutory remedy of appeal u/s 96 CPC in either case of non-filing of application U.O.9.R.13 CPC or after filing and rejection of same, but vice versa is not permissible...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - First appeal involved both disputed questions of law and fact - First appeal dismissed by a cryptic order without examining any of the aspects - First Appellate Court failed to follow the provision of O.41.R.31 CPC while deciding appeal - Judgment and decree passed by First Appellate Court set aside and matter..........
Civil Procedure Code, 1908, Order 41, Rule 11 -- Second appeal - Suit for possession and mandatory injunction - Plaintiff failed to establish his prior possession of suit property before 2011 when allegedly defendants made a construction on suit land - There was nothing before Court from which Court could even remotely hold that suit land belonged to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - False and fabricated document - Complaint filed on the basis that agreement filed in civil suit is forged and fabricated - Though civil suit decreed with finding that agreement in question is forged and fabricated but appeal against the..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Where each one of parties has an independent and distinct right of his own and not inter-dependent upon one or other, nor parties have conflicting interests inter se, appeal may abate only qua deceased - However, in case there is a possibility that Court may pass a decree contradictory to decree in..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Death of defendant No.1 - Suit for cancellation of sale deeds - Defendant No.1 transferred the suit property in favour of defendant No.2 who further transferred the same in favour of defendant nos. 3 & 4 - He is thus, not a necessary party and as such suit can well proceed against other defendants -..........
