If A Single Suit Gives Rise To Different First Appeals, Is It Necessary To File Separate Second Appeals? Allahabad HC Answers
The Allahabad High Court held that if a single suit gives rise to different first appeals, without there being any counter-claim or another consolidated suit, necessity to file two separate second appeals would not arise.
But if two suits are decided by a common judgment or there is a counter-claim in the single suit,there shall have to be two second appeals, the Court added.
The Court was hearing a second appeal filed against the judgment and decree drawn by First Appellate Court in Civil Appeal and against part of the judgment passed by the trial Court in Original Suit.
The bench of Justice Kshitij Shailendra observed, “…if a single suit gives rise to different first appeals, without there being any counter-claim or another consolidated suit, the decree drawn in the said single suit would conclusively determine rights of the parties and irrespective of two first appeals arising from the single judgment/ decree, necessity to file two separate second appeals would not arise.”
Advocate Pradeep Kumar Rai appeared for the Appellant and Advocate Harish Kumar Yadav appeared for the Respondent.
Brief Facts-
The present Appeal arises from the Original Suit where the plaintiff-appellant sought a decree of permanent prohibitory injunction against the defendant-respondents. The suit was partially decreed in favour of the plaintiff which led him to file a Civil Appeal while the defendants also filed a Civil Appeal. Both appeals were consolidated and dismissed by a common judgment rejecting the plaintiff's suit entirely. The Plaintiff is now appealing the dismissal of the Civil Appeal preferred by the defendant and the allowance of his Civil Appeal.
The Court said that the amended provisions of Rule 1 of Order XLI CPC do not directly or indirectly nullify or dispense with the requirement of attaching a certified copy of the decree drawn by the first appellate court as per Rule 8 of Chapter IX of the High Court Rules, 1952.
The Court said that a single second appeal is maintainable without there being any necessity to file another second Appeal from the same decree/judgment.
The Court listed the matter on August 31, 2024.
Appearance:
Appellant: Adv. Pradeep Kumar Rai and Adv. Prajyot Rai
Respondent: Adv. Harish Kumar Yadav
Cause Title: Ramnath Singh v. Parshuram Singh (Deceased) And 13 Others
