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MANMOHAN, DIPANKAR DATTA
Charan Singh – Appellant
Versus
Ram Saroop – Respondent
| Table of Content |
|---|
| 1. the procedural history surrounding the appeals. (Para 3 , 4 , 5) |
| 2. discussion on technicality versus substantive justice. (Para 6 , 8) |
| 3. appellate court's obligations to assist parties. (Para 7 , 9 , 10) |
| 4. conclusion and directives for future actions. (Para 11 , 12) |
ORDER :
1. Delay condoned.
2. Leave granted.
3. The appellant as plaintiff had instituted a suit[C.S. 148 of 2019]. The respondent, who was the defendant in the suit, filed a counter claim. Vide a common judgment and order dated 16th March, 2021, the trial court[Senior Civil Judge, Una, Himachal Pradesh] dismissed the suit and allowed the counter claim.
4. Instead of filing two appeals under Section 96 of the Code of Civil Procedure, 1908[CPC] with separate memoranda of appeal, the appellant chose to file one composite appeal[Civil Appeal No. 27 of 2021] challenging the common judgment and order of the trial court. The first appellate court[Additional District Judge (1), Una, Himachal Pradesh], by its judgment and order dated August 20, 2022, dismissed the appeal as not maintainable since the appellant had not filed two separate appeals.
5. This judgment and order dated 20th August, 2022 of the first appe
A single appeal is maintainable against a composite decree involving both a suit and a counter-claim under the CPC.
A single second appeal is maintainable against multiple decrees from a single suit, clarifying procedural requirements under the CPC and High Court Rules.
The appeal is not maintainable in the High Court due to valuation issues and procedural defects as per applicable rules.
(1) Counter-claim would be treated as an independent plaint and would be governed by procedural Rules applicable to plaints.(2) For filing of appeal against dismissal of a counter-claim, there has to....
A single appeal cannot contest both a suit and counterclaim; separate appeals are required to challenge each decree’s validity.
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