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KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151-- Inherent powers of Court - Power can only be invoked to supplement provisions of CPC and not to override or evade other express provisions...........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151-- Recall of an order - Application filed by defendant - Order directing defendants to pay Court fee to counter claim - Defendant filed counter claim for declaration, injunction and specific performance - However, by way of amendment defendant deleted relief of declaration and ownership - But still..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151-- Interim maintenance - Claimed by plaintiff and his family - Suit for partition and separate possession - Plaintiff failed to prove prima facie case regarding his entitlement of his share in suit properties - He thus, not entitled to any interim maintenance - Application for interim maintenance..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 32, Rule 15-- Person of unsound mind - Enquiry as to unsoundness of mind was not done - Impugned order of allowing application of appointing next friend of plaintiff without holding any inquiry, held, vitiated and set aside - Matter remanded to Trial Court for consideration afresh...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Ad interim injunction - Police assistance to implement order - Application dismissed and stay vacated by holding that at the time of grant of ad interim injunction plaintiff failed to apprise Court with regard to filing of caveat by defendant - Impugned order set aside - Matter remitted for..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 99, 100-- Execution - Objection - Eviction decree - Petitioner filed a declaratory suit that he along with plaintiffs was a co-sharer of suit property - Though suit was dismissed but first appeal against the same was pending - An appeal is a continuation of suit and executing Court should have awaited the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47, 151-- Execution - Objections - Objection with regard to no, joinder of necessary party is not maintainable at the stage of execution as what can be inherited can be bequeathed also...........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A-- Comparison of signatures sought during pendency of appeal - Contradictory statement in written statement - Signatures denied on agreement to sell but contradictory plea that he was ready and willing to execute sale deed - Held, once there is an admission of execution of agreement of sale by..........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Section 151-- Production of documents - Non-compliance of order - Court is not empowered, either U.O.11.R.21 or S.151 CPC to strike out defence or dismiss suit...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 1-- Examination of witness by Local Commissioner - Sick person - Range of movement by itself cannot be construed to be an ailment disabling petitioner not to attend Court...........

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