Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Provisions of O.21.Rr.97 to 103 constitute a complete code and provide sole remedy both the parties to a suit and to a stranger to a decree...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Agreement to sell - Interpretation of any terms and conditions of a document such as agreement to sell constitutes substantial question of law - High Court should first frame appropriate substantial question(s) of law then decide second appeal on merits...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Formulating substantial question of law - Even when findings of trial Court and First Appellate Court are perverse it is obligatory to first formulate appropriate substantial question of law then deal with the same after giving an opportunity of hearing to both sides...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Since plaintiffs cannot place any document on title in respect of suit property therefore, there is no impropriety in judgment passed by first appellate Court not holding that plaintiffs have title over the property based on the record-of-rights - Appeal dismissed...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 37 -- Second appeal - Suit for permanent injunction - Encroachment of public street - Aks-sijrs not proved on record to establish possession whereas, document brought on record on behalf of plaintiff does not prove any encroachment - It is not establish that who had been in actual physical..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of fact remains immune from challenge before High Court in second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of possession is a disputed question of fact which cannot be disturbed while exercising power u/s 100 CPC, until and unless findings given by Courts below are perverse...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - High Court did not discuss nor dealt with any issues arising in the case nor dealt with submissions urged by appellant and why appeal did not involve any substantial question of law - Impugned order set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - However, cursory reading of judgments of trial Court and First Appellate Court shows that second appeal involves substantial question(s) of law and therefore second appeal should have been admitted for final hearing by..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition - Maintainability - Defendant Nos.3, 4 did not take any steps to contest the suit and remained ex-parte when trial Court granted relief and they did not prefer any appeal - Rather second appeal is filed by defendant No.1 who got the share in suit property claiming daughters of his sister to be..........
