Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Cannot be sought by a stranger to the decree...........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Third party when dispossessed from the suit property to which he claims any right, title or interest before getting any opportunity to resist or offer obstruction can file an application U.O.21.R.99 CPC claiming that his dispossession is illegal and that possession deserves to be restored - If such an..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Objections - Application U.0.21.R.99 CPC filed by petitioner dismissed summarily being barred by res judicata - Order passed thereon would not be decree within meaning of O.21.R.103 CPC as issues have not been adjudicated as envisaged U.O.21.R.101 CPC - Revision therefore is maintainable and so the writ..........
Civil Procedure Code, 1908, Order 7, Rule 14(2), Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of documents - If a document required to be produced in Court is not produced with the pleadings of concerned party, then it may be produced at the time of hearing, with the leave of Court, if sufficient reason is shown..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of irrelevant document - If at any stage Court finds that additional document in the shape of evidence produced with the leave of Court is not relevant or is in admissible in evidence then Court is empowered to reject such evidence in terms of O.13.R.3 CPC...........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - A simple document showing payment by plaintiff to defendant will not be a written contract as contemplated U.O.37.R.4 CPC - Suit lies only if amount claimed is a debt or a liquidated demand of moneys arising on a written contract - This is because it is only promise to pay which creates a..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Setting aside - Non-filing of appearance - Trial Court at the time of passing judgment by default ought to have first considered maintainability of suit U.O.37 CPC - If suit itself was not maintainable U.O.37 CPC no, filing of appearance would be immaterial - This goes to root of matter as the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Issuing commission for ascertaining market value of any property, or amount of any mesne profits or damages or annual net profits - Sine qua non is satisfaction of Court that it is requisite or proper to issue Commission for the said purpose - Court can exercise this power even suo motu - However,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Since the report of valuer is already on record and affidavit of valuer has been filed as such there is no justification in summoning any other report by issuing commission U.O.26.R.9 CPC - Sine qua non for issuing a Commission to ascertain the market value in terms of provisions of O.26.R.9 CPC has not..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Does not depend solely on the question whether applicant has interest in the suit property - However, question to be considered is whether right of said person may be affected if he is not added as party - Such right includes necessarily an enforceable legal right...........
