Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Appeal - Non-appearance of appellant - Appeal cannot be dismissed on merits in the absence of appellant after hearing the respondent...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is required to be considered at the time of hearing of appeal on merits so as to find out whether documents/evidence sought to be adduced have any relevance on the issue involved...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Petitioner alleged that he entered into an unregistered agreement of sale with some third parties along with plaintiff in respect of suit property that too in violation of stay order granted against plaintiff in a pending appeal - He thus, has no vested interest in appeal scheduled property in appeal..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Obstruction petition filed by defendants u/s 47 CPC has already been struck off - Defendant is bound by decree which is confirmed by Supreme Court - Defendants filed another application U.O.21.R.97 CPC by misusing the process - Application rightly rejected - Civil Misc. Appeal thereagainst struck..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Obstruction petition filed by defendants u/s 47 CPC has already been struck off - Defendant is bound by decree which is confirmed by Supreme Court - Defendants filed another application U.O.21.R.97 CPC by misusing the process - Application rightly rejected - Civil Misc. Appeal thereagainst struck..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Petitioners have not raised any serious objection in terms of S.47 CPC - Only objection raised was that Court ought not to proceed with ordering JD to execute sale deed in view of pendency of first appeal - Even, no stay sought from appellate Court - Executing Court itself would not refuse to proceed with..........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal against acquittal - Condonation of delay - Delay in filing appeal against acquittal can be condoned in an application filed u/s 5 of Limitation Act...........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal against acquittal - Condonation of delay - Delay in filing appeal against acquittal can be condoned in an application filed u/s 5 of Limitation Act...........
Civil Procedure Code, 1908, Section 96 -- Appeal - It is open to First appellate Court while exercising power u/s 96 CPC to act as final Court of fact and law...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Tenant seeking appointment of Local Commissioner in appeal - Appellate Court dismissed application by holding that there is sufficient evidence led by both the parties on record to adjudication upon the controversy - Nothing stated as to what prevented for not filing such application in the trial Court -..........
