When an application under Order IX Rule 13 CPC is dismissed the defendant has a remedy to file an ap...........

Civil Procedure Code (CPC) 1908 Appeals

When an application under Order IX Rule 13 CPC is dismissed, the defendant has a remedy to file an appeal under Order XLIII Rule 1 CPC against the above dismissal order. However, once such an appeal is dismissed, the same contention —

Can be raised in a first appeal under Section 96 (2) CPC

Cannot be raised in a first appeal under Section 96 (2) CPC

May or may not be raised in a first appeal under Section 96 (2) CPC because it depends upon the discretion of the defendant only whether to raise the same or not.

Once the defendant has already sought the remedy under Order XLIII Rule 1 CPC, again the question of filing an appeal under Section 96 (2) CPC does not arise.

छोटे Courses बड़े Results

Master Appeals

Prepare through Micro-courses