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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJNISH KUMAR
Ram Kripal – Appellant
Versus
Jagjeevan – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Shri U.S. Sahai, learned counsel for the appellants and Dr. R.S. Pande, learned Senior Advocate assisted by Shri Vinod Mishra, learned counsel for the respondents.
2. This second appeal under Section 100 of Civil Procedure Code (here-in-after referred as CPC ) has been filed for setting aside the judgment and decree dated 30.05.2002 passed in Civil Appeal No.4/2001; Smt. Gaya Dei Vs. Ram Kripal and Others by 6th Additional District and Sessions Judge, Sultanpur, by means of which the appeal has been allowed and the judgment and decree passed by the court below i.e. the trial court has been set aside and the sale deed in question has been cancelled with a direction to the trial court to communicate the cancellation of sale deed to the concerned Sub-Registrar.
3. The appeal has been admitted on the following substantial questions of law:-
"1. Whether the judgement and decree rendered by the lower Appellate Court stands vitiated for non compliance of the mandatory provisions contained under Order XXXXI, Rule 31 C.P.C.
2. Whether even after the clear admissions made by Smt. Gaya Dei that she has not filed any suit for cancellation and she being totally
Procedural compliance is essential in determining legal representation before proceeding with appeals, especially when disputes arise over the validity of claims.
Legal representation in appeals must be determined through proper inquiry and evidence, not conjecture, as mandated by procedural law.
Point of Law : Code of Civil Procedure enjoins various provisions only for the purpose of avoiding multiplicity of proceedings and for adjudicating of related disputes in the same proceedings, the pa....
The main legal point established in the judgment is that the provisions of Order 22 of CPC are procedural and should not curtail the substantial rights of the parties. The Court emphasized the applic....
Merely because the evidence of respondent/defendant and Prabhakar Rao (PW-2) was not repeated all over again, it cannot be held that the appellant/ plaintiff could be non-suited on this ground.
A decree passed against a deceased party is null and void; proper procedure under Order 22 CPC must be followed to avoid automatic abatement.
The amendment to Order XXII Rule 4 of the CPC aims to ensure the continuation and culmination of effective adjudication and to prevent the proceedings from coming to an end summarily due to the death....
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