Civil Procedure Code, 1908, Order 39, Rule 2A -- Petition to be decide din accordance with law irrespective of the fact that appeal has already been decided...........
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 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Exparte decree - Setting aside - Conditional order as to deposit of half of the decretal amount and costs passed - Appeal is maintainable if the said order also mentions the consequences of not fulfilling the condition - Revision petition u/s.115 CPC lies if order does not..........
Civil Procedure code, 1908, Section 100 -- Second appeal - Finding of fact - Finding by Courts below that first marriage of a party took place in certain year and second marriage in certain year - Concurrent finding becoming final - Cannot be sub-jected to the judicial scrutiny in the second appeal...........
Family Courts Act, 1984, Section 19, Hindu Marriage Act, 1955, Section 13, 26 -- Interim order for the custody of minor son and daughter passed in favour of respondent - It is an interlocutory order - Appeal is not maintainable in view of S.19 of the Act...........
Telephone -- Investigation pursuant to a complaint - Right of appeal having been provided against such investigation as such reasoned order after such investigation must be served on the subscriber to enable him to take necessary steps...........
Civil Procedure Code, 1908, Section 100 -- Section appeal - High Court not justified in reappraising evidence stating that concurrent finding of Courts below was perverse...........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 13, Rule 1 -- Proviso - Necessary party if not impleaded suit or appeal is liable to be dismissed - In partition suit, all the sharers are necessary parties - In second appeal, one of the sharers (wife of the deceased) not impleaded - Second appeal is not maintainable - In the first appeal one..........
Succession Act, 1925, Section 278, 63 -- Letters of administration - Plea that alleged Will does not satisfy requirements of Will - Plea not taken in written statement - Party is not precluded from taking it in appeal. (Civil Procedure Code, 1908, S.100)...........
Consumer jurisdiction -- Non-speaking order - Held, though consumer jurisdiction is expeditious and summary in nature but this cannot be carried to the length of slip-shod and arbitrarily unreasonable order on the rights of the parties - Order under appeal being non speaking order the same set aside and case remanded for a fresh trial meticulously in accordance with law...........
