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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Desh Raj – Appellant
Versus
Vinod Kumar – Respondent
| Table of Content |
|---|
| 1. second appeal under section 100 cpc filed. (Para 1 , 2 , 3 , 4 , 5) |
| 2. conflicting wills validity and inheritance contested. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. trial decreed suit; appeal reversed for counterclaim. (Para 18 , 19 , 20 , 21 , 22) |
| 4. arguments on first appellate errors and appeal maintainability. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. counterclaim treated as cross-suit under order viii rule 6a. (Para 34 , 35 , 36 , 37 , 38 , 39) |
| 6. separate appeals required against suit and counterclaim decrees. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 7. remit allowing opportunity to file separate appeal. (Para 47 , 48 , 49 , 50) |
| 8. appeal allowed; remitted to first appellate court. (Para 51 , 52 , 53 , 54 , 55) |
JUDGMENT :
ROMESH VERMA, J.
The appellants have preferred the present Regular Second Appeal, under Section 100 of the Code of Civil Procedure, against the judgment and decree, dated 02.09.2009, passed by learned Additional District Judge (I), Kangra at Dharamshala (H.P), (hereinafter referred to as “the First Appellate Court”), in Civil Appeal No.113-D/04, titled as ‘Vinod Kumar & Anr. Vs. Desh Raj & Anr.’.
2. That v
Single appeal challenging trial court's decree in suit and dismissal of counter-claim held not maintainable; separate appeals required as counter-claim is cross-suit. First appellate judgment set asi....
(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....
The court established that a unified decree involving both a suit and counter claim can be appealed as a single entity, and failure to raise res judicata at the appropriate stage results in waiver of....
A party must file a composite appeal against both the suit and counterclaim decrees; failure to do so results in res-judicata barring the appeal.
A single appeal is maintainable against a composite decree involving both a suit and a counter-claim under the CPC.
A marriage is void if one party has a living spouse, and customary divorce must be proven to be legally recognized.
Second appeals in Punjab and Haryana are treated under Section 41 of the Punjab Courts Act, 1918, emphasizing composite appeals for maintaining substantive justice rather than getting dismissed on te....
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