Civil Procedure Code, 1908, Section 96 -- Appeal - An appeal can be preferred only against a decree and not against any adverse finding recorded by Court below...........
Limitation Act, 1963, Article 96 -- Limitation - Waqf property - Sale of property comprised in a waqf, without previous sanction of Board, would be void - Art.96 of the Act cannot be invoked in case of void transaction...........
Civil Procedure Code, 1908, Section 100, 96 -- Clubbing of first and second appeal - Second appeal and first appeal arising out of two suits between same parties and same property, could not have been clubbed as nature of consideration in both the appeals were entirely different - Impugned judgment set aside - Matter remitted - Both the appeal be delinked from each other..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appeal u/s 96 CPC and an application U.O.9.R.13 CPC was preferred against ex parte decree - Right of defendant u/s 96 CPC cannot be taken away - Both appeal as well as application U.O.9.R.13 CPC would be maintainable...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay in filing appeal against ex parte decree - Ex parte decree though passed on 21.12.2021 and defendant received notice of same on 21.7.2022 - Consequently, appeal was filed with delay - Valid reasons have been assigned - Delay in filing appeal condoned...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 5 -- Stay of execution proceedings till disposal of first appeal - Petitioner has preferred an appeal as against judgment and decree passed in suit and he has having good case in appeal - Direction issued to First Appellate Court to dispose of appeal within a period of eight weeks...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Appeal against - Appellant while challenging ex parte decree by filing an appeal, can always point out from record of trial Court that order passed to proceed with the suit ex parte against him was illegal...........
Civil Procedure Code, 1908, Section 96 -- Appeal by third party - A person who is affected by a judgment but is not a party to suit, can prefer an appeal with leave of Court - Sine qua non for filing an appeal by a third party is that he must have been affected by reason of the judgment and decree which is sought to be impugned...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Permission sought to file single appeal against two decrees drawn in a consolidation of two suits - Appeal decided on preliminary objection without deciding application - Serious prejudice caused to appellant - Impugned order set aside - Matter remitted - High Court to decide application prior to deciding preliminary..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First Appeal - High Court while deciding first appeal committed serious error in neither forming points for determination nor considering evidence on record, in particular which had been relied upon by trial Court - Impugned judgment of High Court is unsustainable and thus, set aside...........
