relevant provision for filing appeal against such orders is Section 104 and not Section 96. In arriving at this conclusion, extensive reference was made ... order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section
relevant provision for filing appeal against such orders is Section 104 and not Section 96. In arriving at this conclusion, extensive reference was made ... order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section
order under Section 91 or Section 92 refusing leave to institute a suit of the nature referred to in Section 91 or Section ... this section."
30. These two substantive provisions are supplemented by Orders XLI and XLIII, respectively of Schedule 1 of the CPC . Section 96 gets
under Order 43, Rule 1 read with Section 104 C.P.C., becomes relevant.
8. Under Section 96 C.P.C., an appeal is provided ... than the nature of decrees. A plain reading of Sub-section (1) of Section 96 C.P.C, makes this aspect very clear. It reads
case as well as in SC.Nos.616/95, 404/96 and 771/96. The witnesses examined are the Investigating Officers, Incharge of various crimes ... Bakkatatla Mallaiah (figured as A31 in SC. No. 404/96) was in SC.772/96 and even there he was acquitted. Accordingly, he submits that
Letters Patent. However, by virtue of the non-obstante clause contained in Section 100-A, with reference to Letters Patent and all other statutory enactments ... Single Judge of the High Court in an appeal filed under Section 96 C.P.C., is no longer res integra. Not only Section
Counsel for the petitioners, submits that though a regular appeal, under Section 96 C.P.C., is maintainable against the decree in question, the petitioners
adjudication of claim under Section 6 , on the one hand, and the one, for perpetual injunction, under Section 38 , on the other hand ... conducted in a suit for perpetual injunctions. An appeal under Section 96 and second appeal under Section 100 is provided against the decree passed
distinction was made between the proceedings arising out of appeal under Section 96 and second appeal under Section
recent amendment effected to the Code of Civil Procedure . Through Section 28 of the Code of Civil Procedure (Amendment Act), 1999, Sub-Rule ... shall be accompanied by a copy of the Judgment."
13. Section 96 C.P.C. provides for an appeal against a decree
