Civil Procedure Code, 1908, Section 151 -- Power u/s 151 CPC - Cannot be exercised beyond pleadings of parties...........
Civil Procedure Code, 1908, Section 151 -- Power u/s 151 CPC - Cannot be invoked by Court to pass an order or direction for which there is separate provision under CPC...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is not exhaustive - Court has inherent power to see that frivolous or vexatious litigations are not allowed to consume the time of Court...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of civil suit for injunction and SCC suit - SCC suit can be heard by Judge Small Causes Court only - Courts in the two suits are different, parties are different and subject matter of suit is also different - Judge of Small Causes Court has no jurisdiction to decide suit for injunction - Application for consolidation..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Evidence of defendants was closed after giving adequate opportunity to lead evidence to defendants - Even in application moved U.O.8.R.1-A(3) CPC, there was no prayer for reopening of evidence - It was for defendants to exercise due diligence at appropriate time - Conduct of defendants shows that in guise..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 33 -- Preliminary decree for partition - Modification - Preliminary decree attained finality by drawing up of final decree which is executed - Plaintiff cannot seek modification of share granted to her in preliminary decree...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 33 -- Preliminary decree for partition - Modification - Preliminary decree can be drawn afresh or modified only before final decree is drawn up...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent prohibitory injunction - Plaintiff filed a simpliciter suit for injunction and no relief has been sought against petitioner - Nothing brought on record by petitioners that he is necessary or proper party to suit and in his absence no effective decree could be passed at..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Police aid - Violation of ex parte injunction order - Court cannot straight away order police aid without disposing of interim injunction petition because granting police aid to implement an ex parte injunction order may cause prejudice and hardship to opposite party, without hearing him - Party can take..........
Civil Procedure Code, 1908, Section 151 -- Custody of child - Father seeking custody of minor daughter - Father granted permission to visit child periodically - Application u/s 151 CPC by father praying for allowing him to admit his daughter in a Public English Medium institution at his own cost for the purpose of overall development and welfare of child - Application..........
