Composite Appeal -- Suit and Counterclaim Decided by Common Judgment -- Single appeal maintainable against both decrees where grounds are distinct and court fees paid for both
Civil Procedure Code, 1908, S.96 -- Composite Appeal -- Suit and Counterclaim Decided by Common Judgment -- A single memorandum of appeal is maintainable against the decree on the original claim and the decree on the counterclaim, even where two separate decrees are drawn, provided the grounds against each decree are set out distinctly and court fees paid corresponding to both -- Absence of two separate appeals does not attract estoppel or res judicata -- Earlier rulings requiring separate appeals against a suit decree and a counterclaim decree do not reflect the correct position.
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