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1 - 10 of 14 (0.25 seconds)Section 122 in The Transfer Of Property Act, 1882 [Entire Act]
Sheodan Singh vs Smt. Daryao Kunwar on 14 January, 1966
"3. Another argument is also advanced by the counsel of the contesting respondents on the
preliminary objection. Before the lower appellate court there were two appeals, one by the fourth
defendant and the other by the second defendant; and there were also two decrees, though the
litigation started in one suit. The Official Receiver has filed only one second appeal against the
decision in the appeal by the second defendant. The objection is that the Official Receiver cannot
impugn both the decrees in one second appeal. In this contention also the counsel is not on firm
ground, because the law is that if two appeals have been filed by two parties in a litigation arising out
of one suit, one second appeal alone need be filed against both the decisions. We shall remain
content by citing the latest decision of the Supreme Court on the question; vide Sheodan Singh v.
Daryao Kunwar, AIR 1966 SC 1332.
Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
Phoolchand And Anr vs Gopal Lal on 10 March, 1967
"8. Sections 96 and 100 of the CPC make provision for an appeal being preferred from every original
decree or from every decree passed in appeal respectively; none of the provisions enumerates the
person who can file an appeal. However, it is settled by a long catena of decisions that to be entitled
to file an appeal the person must be one aggrieved by the decree. Unless a person is prejudicially or
adversely affected by the decree he is not entitled to file an appeal. See Phoolchand and another v.
Gopal Lal, 1967 (3) SCR 153; Smt. Jatan Kanwar Golcha v. M/s. Golcha Properties (P.)
The M.P. Accommodation Control Act, 1961
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Section 100 in The Transfer Of Property Act, 1882 [Entire Act]
Ganga Bai vs Vijay Kumar & Ors on 9 April, 1974
Ltd., 1970
(3) SCC 573; Smt. Ganga Bai v. Vijay Kumar and others, (1974) 2 SCC 393. No appeal lies against
a mere finding. It is significant to note that both Sections 96 and 100 of the CPC provide for an
appeal against decree and not against judgment.