Civil Procedure Code, 1908, Order 43, Rule 1 -- Second appeal - Judgement u/s 104 - Confirmed in appeal - Maintainability of Second appeal - Is not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Plaintiff can be transposed as a defendant...........
Civil Procedure Code, 1908, Section 96 -- Appeal by person who is not party to suit - Can be filed with leave of Court if he is aggrieved by it or prejudicially affected by it - In order to get special leave, the person who files such a petition need only show prima facie that he is aggrieved by it and he is having an appealable interest...........
Civil Procedure Code, 1908, Section 100, Kerala Court Fees and Suits Valuation Act, 1959, Section 52 -- Expl. (3) - Second appeal - Valuation for purpose of Court fees - Decree passed by the Lower Court with interest till realisation - Confirmed in appeal - Valuation of second appeal - Interest upto date of filing appeal to also to be included for payment of court fee...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Absence of specific denial - No duty is cast on the plaintiff to adduce evidence with respect to matters which were not specifically denied in the written statement...........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Provision is mandatory - Failure to deposit balance purchase money within period of 15 days results in cancellation of sale itself...........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Purchase money - Deposit - Period expiring on day while strike was on and deposit made on the working day next after lifting of strike - Deposit is within time. (Limitation Act, 1963, Ss.4, 5 & 9)...........
Civil Procedure Code, 1908, Order 41, Rule 1(3) -- Rule is directory and not mandatory as the rule does not state that appeal can be dismissed if amount is not deposited or security is not given...........
Civil Procedure Code, 1908, Order 41, Rule 5(3), Civil Procedure Code, 1908, Order 27, Rule 8A -- State is not required to give the security...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Party can approach District Court or High Court - When a party is unsuccessful in a transfer petition filed before District Court then that order can be challenged but party cannot approach High Court under S.24 CPC for same relief - Party can however, approach High Court under Article 227 of the Constitution to..........