KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 66, 64-- Sale - Where sale of part of property alone would be sufficient to meet decree debt, then, only said part of property is to be sold as per O.21.R.66 CPC - If sale proceedings are proceeded with by execution Court in violation of provisions contained in O.21.R.66 CPC, then it would amount to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Non-filing of written statement within prescribed period - Striking off defence - Written statement filed after 3 years and 8 months which is beyond 30 days prescribed under the Code which could be extended upto 90 days from date of issue of summons - Thus, it shows that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary parties - Partition suit - In the absence of necessary parties, i.e. non joining of five sisters in suit, no preliminary decree could be passed, declaring rights of plaintiff - Therefore, suit qua properties No.1, 2 fails for want of no, joinder of necessary parties...........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47, Order 34, Rule 1, Transfer of Property Act, 1882, Section 84-- Execution - Objection - Mortgage - Delivery of possession - Execution case without any decree for redemption is not maintainable - Respondents held, not entitled to get delivery of possession unless a decree for redemption of mortgage is passed in their favour under provision of S.84 of T.P Act..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 54-- Execution - Attachment of property - Decree passed creating charge over property - Attachment of property in execution is not necessary - Decree holder is entitled to straight away proceed in execution for realization of the amount due by sale of the property...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Application disposed of as infructuous on the day first appeal was dismissed - Application has to be decided alongwith the first appeal - There is thus procedural error - Matter remitted - First appellate Court to decide appeal afresh and to decide..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 66-- Notice U.O.21.R.66 CPC - Notice is mandatory - Absence of plea regarding non compliance of O.21.R.66 CPC - Evidence in support thereof adduced before the Court can be overlooked and no relief can be granted...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115-- Call for records - Jurisdiction - High Court can call for records from any subordinate Court and interfere with the orders, if Court below failed to exercise jurisdiction so vested in it or to exercise jurisdiction not vested by any law or to have acted in exercise of jurisdiction illegally or..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 13, Rule 1, 3, 4, 6, Civil Procedure Code, 1908, Section 151-- Provisions of O.8.R.1-A, O.13.Rr.1, 3, 4, 6 CPC are directory in nature and not mandatory - No litigant can be no, suited on account of not strictly following said provisions...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 13, Rule 1-- Exhibition of a document - A document filed by a party and exhibited by Court do not become part of original record at the time of its production, rather it becomes part of record after its formal proof...........