Criminal Procedure Code, 1973, Section 340, 341 -- Order passed u/s 340 Cr.P.C. by Civil Court - Appeal against - Lies before an Appellate Court on the civil side and not before Sessions Court u/s 341 Cr.P.C...........
Civil Procedure Code, 1908, Section 151 -- Eviction petition - Forcible dispossession in June, 2011, during pendency of eviction petition - Application u/s 151 CPC for restoration of possession filed on 4.1.2012 which was dismissed merely on the ground of delay, without going into merits of rival contentions of both the parties - Delay in filing application for restoration..........
Civil Procedure Code, 1908, Section 151 -- Dispossession during pendency of eviction petition - Restoration of possession - Dispossession was in the year 2005 - Restoration sought in the year 2012 - Plea that defendants have voluntarily vacated the premises and left suit property at their own will - For a long time defendants neither raised any objection nor filed any..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Decretal amount deposited in account of decree holder - Serious material illegality in auction as decree already satisfied - Held, decree cannot be executed again - Auction sale set aside...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Auction sale - Setting aside - Value of property much higher in comparison of decretal amount - Action of executing Court contrary to the provisions of O.21.R.64 CPC - Auction sale set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In an earlier petition custody of minor child given to appellant - Exclusive custody of minor child claimed by respondent by filing a separate suit - Core issue is whether a separate petition for variation of order of custody of child is maintainable or an application in the earlier petition was required..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11 -- Plaint - Amendment - Once suit is time barred application for amendment is not maintainable - Application dismissed - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - If on the face of it suit is barred by limitation, Court can exercise its discretion to reject plaint unless Court finds that issue of limitation is to be determined after trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - If by means of clever drafting a camouflage has been created in order to create an illusion of a cause of action then such cases should be nipped in the bud at the first hearing itself i.e. even before admitting the suit and issuing summons or any time thereafter...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to 7 from defendant No.1 as he..........
