Civil Procedure Code, 1908, Order 38, Rule 9 -- Kerala Civil Rules of Practice, 1971, R.185 - Withdrawal of attachment - Conjoint reading of O.38.R.9 CPC and R.185 of Kerala Civil Rules Practice, 1971 makes it crystal clear that communication to registering authority shall be made with due application of mind, without delay, otherwise it would adversely affect rights and..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - O.41.R.5 CPC does not confer any power or jurisdiction on Appellate Court to stay execution of a decree which is not challenged in that particular appeal...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaitniff during pendency of suit - Death unnoticed and suit decided without substitution of L.R's - Suit abates as abatement is automatic - When question of abatement of suit or appeal arises, same can only be gone into and decided by Court where suit or appeal was pending at the time of death of a party - Judgment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought when trial of suit was almost over and case was fixed for final arguments - It was wholly belated - Moreover, suit could still be decided even without there being any necessity to seek any amendment in plaint - Amendment of plaint was not really required for determination of issues in..........
Civil Procedure Code, 1908, Section 11, 100 -- Res judicata - Second appeal - Issue of res judicata cannot be raised for first time in second appeal...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed in default - Bar of subsequent suit - Plaintiff on attaining majority instituted suit for setting aside sale deed of his property - Said suit dismissed in default - Bar U.O.9.R.9 CPC would come into play in bringing fresh suit in respect of same relief - Though subsequent suit filed only for partition without a..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Dispossession on the basis of decree - Decree set aside - Person dispossessed from the property can restore his possession by seeking restitution of possession u/s 144 CPC - When such person is exercising his right provided under the statute, J.D. or any person claiming right through him, cannot make any obstruction..........
Court Fees Act, 1870, Section 12, Civil Procedure Code, 1908, Section 107(2), Order 7, Rule 11 -- Application U.O.7.R.11 r/w S.107 CPC - If suit can be dismissed or rejected U.O.7.R.11 CPC, then appeal which is in continuation of the suit can also be decided or rejected U.O.7.R.11 CPC specially on the issue of Court-fees and valuation of appeal as provisions of CPC which..........
Court Fees Act, 1870, Section 12, Civil Procedure Code, 1908, Order 14, Rule 2 -- Issue of court-fees - Is always liable to be decided as preliminary issue because Court-fees is payable at the time of filing of the suit and appeal...........
Court Fees Act, 1870, Section 12, Civil Procedure Code, 1908, Section 107(1) -- Determination of Court-fees - Power of first appellate Court u/s 12 of Court-fees Act - First appellate Court is competent to adjudicate the issue in respect of amount of fees payable in appeal as well as in suit - However, Court-Fees Act being substantive law in respect of payment of court..........
