Telegraph Act, 1885, Section 16, 10, Electricity Act, 2003, Section 164, Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining defendant from erecting poles on any part of suit lands without following due process of law - District Magistrate granted necessary permission - 80% work already complete - Order granting interim injunction set aside..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Two remedies available to defendant are, First to file an application U.O.9.R.13 CPC to set aside ex parte decree and second to file an appeal u/s 96(2) CPC...........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Ex parte decree - In case defendant files an appeal against ex parte decree and appeal is dismissed then defendant cannot file an application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Ex parte decree - Appeal against - Right to appeal is a statutory right - Defendant cannot be deprived of the statutory remedy merely on the ground that application filed U.O.9.R.13 CPC was earlier dismissed...........
Civil Procedure Code, 1908, Section 96(2), Limitation Act, 1963, Section 5 -- First appeal against ex parte decree - Condonation of delay of 546 days - Earlier there was delay of 276 days in filing application U.O.9.R.13 CPC - Pursuing application U.O.9.R.13 CPC has caused further delay of 270 days - Defendant shown his bona fide by depositing Rs.25 lakhs in compliance of..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Court may exercise its discretion and permit filing of counter claim after written statement, till the stage of framing of issues - In exceptional circumstances, subsequent filing of counter claim may be permitted till the stage of commencement of recording of evidence on behalf of plaintiff...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Provision of O.8.R.6-A CPC does not put an embargo on filing counter claim after filing the written statement - Restriction is only with respect to the accrual of cause of action - However, this does not give absolute right to defendant to file counter claim with substantive delay, even if limitation period..........
Civil Procedure Code, 1908, Order 8, Rule 6A, 9, 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Counter claim - Court is vested with discretion to allow filing of counter claim even after filing of written statement, as long as same is within limitation prescribed under Limitation Act...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Belated counter claim by way of an amendment to original written statement U.O.6.R.17 CPC can be introduced - However, filing of such a counter claim through an amended written statement is subject to leave of Court and not accorded to defendant as a matter of right...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Provision of S.144 CPC applies to a situation where a decree or order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose - Doctrine of restitution is that on the reversal of a decree, the law imposes an obligation on the party to the..........
