Rights of property suit Rights of property suit

4 months ago

Once we failed in one original suit which is not favourable to us can we try for another suit to go appeal on same party.

Anik

Responded 3 months ago

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A.Dear Client,
According to Section 96 of the Code of Civil Procedure (CPC), an appeal is permissible under sub-section (1) from any decree issued by a Court with original jurisdiction to the authorized appellate Court, unless otherwise provided in the Code or any other prevailing law. The First Appellate Court possesses the authority to assess both factual findings and legal decisions made by the Trial Court. However, a Second Appeal to the High Court under Section 100 CPC is limited to cases involving a significant legal question. Seeking guidance from a legal professional, such as an Advocate, is recommended for advice on the appropriate steps to take in such circumstances.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
Under sub-section (1) of Sec.96 CPC, save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court. First Appellate Court has got power to judge the correctness of findings of facts as well as of law recorded by the Trial Court. However, Second Appeal to the High Court under Section 100 C.P.C. lies only if the case involves a substantial question of law. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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