Clause aa relettered as clause b and the former clause b omitted by the A. Where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute. It is also well settled that the value of property escalates in urban areas very fast and it would not be equitable to grant specific performance after a lapse of long period of time. In appeal is appeal creature of statute and right to appeal is neither an inherent nor natural right. The earlier part opens the door widely and the latter debars entry to only those which are expressly or impliedly barred. The Ruler of a foreign State may sue, and shall be sued, in the name of his State: Provided that in giving the consent referred to in section 86, the Central Government may direct that the Ruler may be sued in the name of an agent or in any other name.
Persons specially appointed by Government to prosecute or defend for Rules of foreign States 85. When appeals lie to the Supreme Court. Save as provided in this Part or in Part X or in rules, the provisions of this Court shall apply to such High Courts. Right to officiate as purohit and guru: A claim to officiate as the priest of the deity in a particular temple on the occasion of certain festivals for which the remuneration was payable by the temple is an office of a civil nature within section 9, C. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen or in Delhi, where B carries on business.
Subject as aforesaid, any person considering himself aggrieved- a by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred, b by a decree or order from which no appeal is allowed by this Court, or c by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit. The right of appeal conferred or acquired has to be exercised only in the manner prescribed. Power to order discovery and the like. Orders from which appeal lies. Proviso omitted by Act No.
But as regards religious offices where no fees are attached, there is a divergence of opinion in the decisions of different High Courts. The remedy of appeal is a creation of statute and is not an inherent right of a person. Arbitration matters: Sections 60 and 69 of Delhi Co-operative Societies Act, do not bar an application for reference of dispute to arbitration as per agreement with contractor for construction work. Such declaration is conclusive and subject only to amendment by Parliament under Arts. Suits for immovable property situate within jurisdiction of different Courts 17. Held, that as question required adjudication had not expressly come within the purview of Act, i.
Partition of estate or separation of share. No second appeal in certain suits. It obviates any ambiguity by making it clear that where even right to an office is contested then it would be a suit of a civil nature even though that right may entirely depend on the decision of a question as to religious rites or ceremonies. The High Court found no merit in the appeal and accordingly dismissed the appeal. Two lakhs, and to the high court in all other cases. Power for State Government to make rules as to sales of land in execution of decrees for payment of money.
Appeal may be filed against original decree, or against decree passed in appeal. It can be examined in second appeal; Smt. The Legislature can enact a law taking away the vested right of appeal by making a provision to that effect or by expressing an intention to the contrary. Appeal only lies against a decree and not against Judgment. Rather it can only be availed where it is expressly granted by law.
Suits by Aliens and by or against foreign Rulers, Ambassadors and Envoys When aliens may sue 83. No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any Court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court. It is the right of the first appellate court to come to a conclusion different from that of trial court on re-appraisal of evidence. That is why it added Explanation I to section 9 of the Civil Procedure Code. Learned counsel for the petitioners contended that the litigant have a right to be heard on facts and law in first appeal and the same cannot be disposed of in limine at the time of the admission. An appeal is appeal substantive right. It was reversed by division bench saying that its not proper on the part of judge as he entertained the suit on which party has no locus standi.
In order to set aside a consent decree on the ground that the consent was obtained by coercion, the proper remedy is to file a separate suit and not an appeal or an application for review against that decree or an application under S. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. Jurisdiction of Civil Court impliedly barred: It will be noticed from the provisions contained in Section 9 of the Code of Civil Procedure that a bar to file a civil suit may be express or implied. When foreign State may sue. The heading which is normally key to the section brings out unequivocally that all civil suits are cognizable unless barred. Challenge to execution proceedings was made by debtors by filing writ petition. Arrest and Detention Arrest and detention 55.
So far as execution is concerned, the right to appeal accrues to a litigant on the date of filing of the execution application. The claim in civil suit was with reference to covenant entered between ex-rulers which was an Act of State. No further appeal in certain cases. Sheo Narain Kushwaha, , to hold that the High Court is empowered to dismiss the first appeal at the preliminary stage of hearing if there is no merit in the appeal. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides; but in each of these cases, if the non-resident defendant object, the suit cannot proceed without the leave of the Court. New plea: The general rule is that the appellant cannot be allowed to raise in his memorandum of appeal a new ground; nor can he raise in his memorandum of appeal any objection which, if it had been taken in the trial court, might have been cured by appropriate amendment.
The right to appeal must be given by statute. And its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself. It is farther settled that discipline of a church cannot affect any person except by express sanction of the civil power or by the voluntary submission of the particular person. No appeal will lie against an order recording a compromise when the parties settled their disputes amicably and there was no contest about the terms of the compromise. Mere statement by Revisional court that there was evidence to show that the bona fides of the landlord was proved is not sufficient; K. Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction- a the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or b any of the defendants, where there are more than one, at the time of the commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or c the cause of action, wholly or in part, arises. An appeal is a constitution of proceedings.