Back
PUNEET GUPTA
Nazir Ahmad Ganie – Appellant
Versus
Mohd. Amin Ganie – Respondent
JUDGMENT :
1. The learned trial court dismissed the suit filed by the plaintiffs/appellants vide judgment dated 05.04.2016. The decree followed the judgment. The appellants/plaintiffs preferred first appeal against the judgment dated 05.04.2016 passed by the trial court before the court of learned Additional District Judge (Fast Track), Budgam. The appellate court dismissed the appeal filed by the appellants herein on the ground that the plaintiffs/appellants challenged the judgment and not decree before the first appellate court. The decree sheet was also not placed on record nor was there any submission in the memo of appeal regarding non-submission of the decree sheet. The first appellate court has recorded in the judgment that the counsel for the appellants/ plaintiffs moved an application on 08.04.2023 for placing on record a copy of the decree sheet dated 05.04.2016 passed by the trial court in pursuance to the judgment on the ground that the appellants were not conversant with the position of law. The application also sought amendment of memo of appeal. The appellate court rejected the application as well.
2. Learned counsel appearing for the appellants has formulated question
Point of Law : Once an appeal is duly entertained without the production of a certified copy of the Decree sheet with it and neither the memorandum of appeal was rejected nor returned, as provided un....
An appeal can proceed without a decree if the judgment is provided, and technical defects do not affect the substantive merits of the case.
The main legal point established in the judgment is that an appeal can only be preferred against a decree and not against any adverse finding recorded by the Court below. Additionally, adverse findin....
The main legal point established in the judgment is that an order of dismissal for default does not constitute a decree under the Code of Civil Procedure.
A single second appeal is maintainable against multiple decrees from a single suit, clarifying procedural requirements under the CPC and High Court Rules.
The limitation period for filing an appeal against a decree is ninety days from the date of the decree, not the judgment.
The court emphasized the discretionary power of the court to condone procedural defects in appeals and highlighted that the interest of justice should not be constrained by hyper-technical interpreta....
Court allows appeal withdrawal and clarifies appellant's rights to challenge decree under law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
