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SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 144 -- Restitution - S.144 CPC applies to a situation where a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose - In that situation, Court which passed the decree may cause restitution to be made, on an application of any party entitled,..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 144 -- Restitution - Possession taken after order of injunction was passed - Interim order of trial Court did not require defendant to hand over possession to plaintiff - There was no decree or order of trial Court by virtue of which appellant was given possession of property, nor did any decree or order mandate that respondent hand over..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 115, Order 13, Rule 4 -- Marking of document - Rejection of - Revision - Release deed - Defendants openly expressed that they intended to mark document only for purpose of establishing that plaintiff had extinguish her right and title over suit properties in view of release deed executed by her after receiving compensation - Plea taken..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151 -- Power of attorney examined on behalf of defendant - Entire facts with regard to transaction were within knowledge of attorney who is already examined as a witness - Defendant thereafter cannot be allowed to be examined as a witness with a view to fill up lacunae in the statement of power of attorney - Application rightly rejected...........

ORISSA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 115, Arbitration and Conciliation Act, 1996, Section 37, 16 -- Rejection of application by arbitrator for termination of arbitral proceedings - Revision u/s 115 CPC - Maintainability - As revision u/s 115 CPC lies before High Court only against order in appeal u/s 37 of Arbitration and Conciliation Act and not against arbitrator`s order..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee - Application for amendment of plaint claiming declaration already allowed by Court below - Impleadment of transferee as defendant is thus, sine qua non for prevention of multifarious of litigation - Application allowed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 11 -- Rejection of petition u/s 11 of Hindu Marriage Act on the ground of maintainability - Husband contended that since wife not produced a decree of divorce from her `first husband', petition u/s 11 of Hindu Marriage Act filed by wife itself is not maintainable, as he denied marriage with her..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 24 -- Transfer of case - Wife sought transfer of case from Thrissur (Kerala) to Bangalore (Karnataka) - Wife having two minor children of four years and two months and she being resident of Bangalore, would be put to considerable inconvenience in prosecuting the matter at Thrissur - Case transferred from Thrissur (Kerala) to Bangalore..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 22, Rule 3, 9, 151 -- Abatement of appeal - Death of plaintiff - Suit and appeal filed by one of legal heirs of plaintiff as power of attorney holder of plaintiff - Application for setting aside abatement of appeal filed after a lapse of four years from date of death of plaintiff - Since suit itself was filed by power of attorney holder..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Since plaintiffs cannot place any document on title in respect of suit property therefore, there is no impropriety in judgment passed by first appellate Court not holding that plaintiffs have title over the property based on the record-of-rights - Appeal dismissed...........

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