#Maintainability of Appeal

The Himachal Pradesh High Court ruled that a property sale after the filing of a suit does not extinguish the right to pursue an appeal, as the transferee steps into the shoes of the original party under CPC Order 22 Rule 10. This preserves judicial efficiency and protects the interests of bona fide purchasers who inherit litigation rights, reinforcing that the lis follows the interest, not the original litigant.

Allahabad High Court rules that orders passed under Section 25(2) or Section 4-B of the Societies Registration Act, 1860, are not appealable, as no statutory provision grants such a right. The judgment underscores that remand orders and appellate decisions passed without jurisdiction are nullities, affecting societies and registrars across Uttar Pradesh.

MP High Court clarifies that a litigant may file a fresh appeal even before formally withdrawing a defective one, as Order 23 Rule 1 CPC does not bar such procedural step. The ruling underscores judicial economy by preventing multiplicity of proceedings while preserving the right to appeal.

Bombay High Court holds that filing a Regular Civil Appeal instead of a Miscellaneous Appeal under Section 141 CPC does not invalidate the decree if no objection was raised below.