Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Claim of plaintiff is based on promissory note - Acute financial embarrassment is being faced by defendant, as three loans having been availed from three different quarters running into enormous amount after date of execution of promissory note - There are thus, reasonable grounds..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought seeking relief of mandatory injunction - Issues have been framed but trial has not commenced so far - Amendment sought is within imitation - Application allowed with costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To report as to what part of property is constructed upon and what part is vacant - It does not amount to gathering substantial evidence - Local Commissioner will not state in his report as to who is in possession or not in possession of any part of suit property and in case Local..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Merely because in the substantial questions of law so framed in the memo of appeal involving interpretation of any particular provision of law by itself could not be substantial questions of law...........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5 -- Stay of execution - Revision - Execution proceedings cannot be resisted in revision when main appeal before High Court is yet to be argued either on stay matter or in main appeal - Petitioner has remedy of appeal against appellate decree and judgment to press his application U.O.41.R.5 CPC, if any which decree is..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Application filed after 44 years of filing of suit - No explanation given by defendants for such delay in filing application U.O.26.R.9 CPC - Defendants encroached upon certain piece of land belonging to plaintiffs - It would not be in the interest of justice to remand the matter to trial Court..........
Indian Penal Code, 1860, Section 504, 506 -- Offence u/ss 504, 506 IPC - Loan of Rs.Two lakhs - Accused alleged to have abused complainant when he requested to repay the money - It appears to be an effort on part of petitioner to settle civil dispute and claims which do not involve any criminal offence by applying pressure through criminal prosecution - No offence u/ss..........
Civil Procedure Code, 1908, Section 151 -- Execution - Death of JD - LRs of JD were taken on record by way of allowing application u/s 151 CPC - Provisions of O.22 CPC not applicable to proceedings, question of abatement does not arise - Application filed u/s 151 CPC rightly allowed...........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution proceedings - Issuance of warrants - Suit for Recovery of maintenance - Challenging legality of orders - Warrants of imprisonment were executed without effective show cause and hearing - Therefore, these orders were ex-parte and were pronounced in defiance of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Subsequent events - When a plea is raised by a party for amendment of pleadings basing on subsequent events, delay as such is not a relevant factor, as question of limitation is based on fact and law and it cannot be subject matter of a decision in a summary enquiry in an interlocutory application...........
