Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Set aside subject to furnishing bank guarantee - Ex parte decree set aside by holding that no summons had ever been received by the defendant - Condition so imposed is completely unsustainable, hence set aside...........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Proposed evidence would not throw light on the principal issue at dispute as it is only to shake the credibility of witnesses with reference to presence or absence of another person at the time of transaction - Proposed evidence is immaterial and inconsequential to decide the issue - Application..........
Civil Procedure Code, 1908, Order 13, Rule 1(3) -- Cross examination of the witness - Provision of O.13.R.1(3) CPC would apply when witness of the party is being cross examined and not when the party i.e. plaintiff or defendant, as the case may be, is being cross examined. (2014(Suppl.) Civil Court Cases 311 (Rajasthan) followed...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - No resistance was offered by any purported stranger/encroacher to decree - In the absence of such resistance, executing Court had no occasion to invoke O.21.Rr.97 to 101 CPC at the instance of DH or otherwise...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - D.H. loosing possession - Execution petition cannot be dismissed by treating decree to be inexecutable - Rather Executing Court has to issue warrant of possession for delivery of possession and if any resistance is offered by any stranger to the decree, same is to be adjudicated upon in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 83(1)(c) -- Rejection of election petition - Plea of non-compliance of S.83 of Representation of People Act - Election petition contained an affidavit and also a verification - There is thus, substantial compliance of S.83 of Representation of People Act - Moreover, requirement..........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Suit for declaration of title - All material evidence to decide the title of both the parties is very much essential - Serious dispute about tampering of revenue record basing on which defendant sets up title - Record sought to be summoned and evidence of Tehsildar are very much vital - Order..........
Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 1, 2 -- Fresh suit on the same cause of action - Such right cannot be granted while drawing a decree - Liberty to file fresh suit can be granted only U.O.23.Rr.1,2 CPC when an application is filed seeking permission to withdraw the suit...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Court which passed the decree cannot by itself bring out a fresh cause of action based on any failure to address any of disputes involved in the suit except on the ground of lack of inherent jurisdiction...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata as embedded u/s 11 CPC would apply not only to party to lis but also those who are litigating under them or any of them...........
