Civil procedure essay

The test to determine this has been described in diverse forms. The court will not proceed with an appeal (a) when the success of the appeal may lead to the court’s coming to a decision which will be in conflict with the decision between the appellant and the deceased respondent and, therefore, which would lead to the court’s passing a decree which will be contradictory to the decree which had become final with respect to the same subject-matter between the appellant and the deceased respondent; (b) when the appellant could not have brought the action for the necessary reliefs against those respondents alone who are still before the court; and (c) when the decree against the surviving respondents, if the appeal succeeds, will be ineffective, that is to say, it could not be successfully executed.

Civil procedure essay

civil procedure essay

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