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YOGENDRA KUMAR SRIVASTAVA
Tarkeshwar Pandey – Appellant
Versus
Deena Nath Yadav – Respondent
JUDGMENT
Dr. Yogendra Kumar Srivastava, J.—Heard Sri Ram Brij Napit, learned counsel for the appellant and Sri Bhrigu Jee Singh, learned counsel appearing for the respondent no.1.
2. This is a plaintiff’s second appeal under Section 100 of the Code of Civil Procedure, 1908 (C.P.C.), directed against an order dated 20.3.2025 passed by the District Judge, Ballia in Civil Appeal No. 123 of 2023 [Tarkeshwar Pandey Vs. Deenanath and Others]. The aforesaid Civil appeal had been filed against an order dated 25.7.2023 whereby the application bearing paper no.6C2 seeking injunction filed by the appellant (the plaintiff in the suit), had been rejected.
3. Stamp Reporter has submitted a report stating that the instant appeal appears to be not maintainable as it is filed against an order passed in a miscellaneous appeal.
4. Counsel for the appellant has sought to urge that since the order which is sought to be challenged has been passed by a Court exercising appellate jurisdiction, the second appeal filed under Section 100 C.P.C. would be maintainable.
5. Counsel appearing for the respondents has controverted the aforesaid submission by stating that an appeal under Section 100 C.P.C. would li
Appeal – Order passed in miscellaneous appeal under Order XLIII Rule 1(r) of CPC is an ‘order in appeal under Section 104 of CPC, from which Section 104(2) bars any further appeal.
The central legal point established in the judgment is that the order passed by the Appellate Tribunal under RERA cannot be termed as a 'decree' under Section 2(2) of C.P.C., despite Section 57 of sa....
The court established that an order reversing a trial court's rejection of a plaint is a remand order, not a decree, thus subject to different appeal provisions.
An order reversing a trial court's rejection of a plaint is a remand order, not a decree, thus subject to different appeal provisions.
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 single second appeal is maintainable against multiple decrees from a single suit, clarifying procedural requirements under the CPC and High Court Rules.
The main legal point established is the applicability of Order IX Rule 13 to orders passed under Order VIII Rule 10 and the permissibility of applying for setting aside of the order under Order VIII ....
The court determines that a filed appeal may be closed when the underlying suit has been decreed, highlighting judicial efficiency.
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