in regards to an appeal in regards to an appeal

11 months ago

can appeal be filed on a partial order ( i am satisfied with the order partially and in the other half i am not satisfied can i make an appeal in court for a part order)

Legal Counsel Vidhikarya

Responded 11 months ago

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A.Of course you can make an appeal in the higher Court for a part or portion of the Order of the lower Court that appears to be unsatisfactory to you accessing the merit and demerit involved in your appeal. In case, the higher Court finds no merit in your pleading Order may be passed upholding the earlier or reversing an Order affecting your favourable part of the Order. A Courts Order does not depend upon the liking or unliking of the parties involved in the dispute, so possibility of such an order cannot be ruled out.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 11 months ago

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A.Hello,
In a recent judgment, the Bombay High Court ruled that while entertaining the Regular Civil Appeal, if the First Appellate Court passes interim order under Order 39 Rules 1 and 2 of the CPC, it cannot be challenged further by taking help of sub-rule (r) of Rule 1 of Order 43.
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