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ANIL KSHETARPAL
Hansi Town Improvement Trust – Appellant
Versus
Sham Sunder – Respondent
JUDGMENT :
Anil Kshetarpal, J.
Brief Facts of the Case:-
1.1 A concise yet noteworthy issue has arisen for examination before this Court. The question is noted below:-
1.2. The learned counsel representing the parties are ad idem that the same issue is involved in all these connected six appeals. With the consent of the learned counsel representing the parties, these connected regular second appeals filed against the judgment and decree passed by the First Appellate Court shall be disposed of by this common order.
1.3. Before this Court proceeds to examine the question involved in the present case, the relevant facts, in brief, are required to be narrated from the lead case i.e RSA No.581 of 2021, in order to comprehend the controversy involved in the present case.
1.4. The respondent i.e the plaintiff-Sham Sunder filed a suit for permanent injunction as well as mandatory injunction restraining the appellant (defendant) from demolishing any part of plot No.234, Model Town, Hansi and also for declaration that th
A single appeal is maintainable against a composite decree involving both a suit and a counter-claim under the CPC.
A counterclaim should be treated as an independent suit and governed by the procedural rules applicable to plaints. The judgment and decree in the counterclaim are distinct from those in the suit, an....
(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 second appeal is maintainable against multiple decrees from a single suit, clarifying procedural requirements under the CPC and High Court Rules.
A single appeal cannot contest both a suit and counterclaim; separate appeals are required to challenge each decree’s validity.
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....
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....
The valuation of the original suit determines the jurisdiction for appeals, irrespective of the counter claim's valuation, as per the provisions of the C.P.C.
First appeal is a valuable right of appellant and therein all questions of fact and law are open for consideration by reappreciating material and evidence.
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