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KSHITIJ SHAILENDRA
Ramnath Singh – Appellant
Versus
Parshuram Singh (Deceased) – Respondent
JUDGMENT :
(Kshitij Shailendra, J.)
The instant second appeal has been filed against the judgment and decree drawn by First Appellate Court in Civil Appeal No. 26 of 2010 and Civil Appeal No. 22 of 2010, and, additionally, part of the judgment passed by the trial Court in Original Suit No. 289 of 1984 has also been assailed.
2. The Stamp Reporting Section has endorsed a report regarding requirement of filing separate second appeals arising out of each civil appeal.
3. Learned counsel for both parties have been heard at length against and in support of the said report and also on the point as to whether it is at all necessary to attach a copy of the decree of the first appellate Court alongwith memo of second appeal, inasmuch as it is contended by Sri Prajyot Rai, learned counsel for the appellant, that it is not the requirement of law as per certain amended provisions of the Code of Civil Procedure, 1908. The Court, therefore, proceeds to deal with the said objection and contention.
4. The proceedings giving rise to instant appeal emanate from an Original Suit No. 289 of 1984 instituted by the plaintiff-appellant against the defendant-respondents claiming decree of permanent prohibitor
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 is maintainable against a composite decree involving both a suit and a counter-claim under the CPC.
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....
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.
Court clarifies appeals from execution proceedings under Order 21 should be treated as regular appeals under Section 96, affirming established court practice and legislative intent regarding classifi....
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....
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