Civil Procedure Code, 1908, Section 47, Order 21, Rule 64 -- Execution - Auction sale - Sale of property becomes absolute U.O.21.R.92(1) after an application made U.O.21.Rr.89, 90 or R.91 is disallowed and Court passes an order confirming the same - After the sale becomes absolute then Court has to grant a certificate - Certificate has to bear the day on which the sale..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to explain facts in detail which are necessary to adjudicate the issue involved in the suit as well as to prove circumstances which necessitated to execute alleged sham and nominal document in favour of defendant - Application filed before the suit was ripe for trial - Trial Court though..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-consideration, failure or mis-appreciation of an issue may not be a ground to order remand of case, when evidence on record is sufficient for determination of issue by appellate Court. `(Para 4)..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Where a party who never had any notice of a particular proceeding before a quasi judicial authority, is entitled to approach Court upon gaining knowledge of proceedings - Limitation cannot be put against such a party - Since, plaintiffs asserts clearly that notices were never..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Transfer on allegation that a person may not get complete justice from Court is a serious issue - Once an order is passed against which respondent had consciously availed a remedy of filing a review, in such circumstances, it cannot be said that by making a bald allegation that they do not have faith or that..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of intervener - Title suit - Earlier applications of intervener not adjudicated on merits, rather those were dismissed as not pressed or dismissed for default, but the issue was never decided - Present application is not hit by principle of res judicata - Since, plaintiffs have sought a relief against..........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession as well as damages and mesne profit - Possession of suit property was received by defendant in pursuance of a warrant of possession issued by trial Court - Issue regarding quantum of compensation is inter-linked with the fact as to when possession was with original plaintiff and when it reverted back to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issuance of Commission - Commissioner appointed before filing of written statement - Defendant disputed the identity of property in written statement - No prejudice will be caused to the defendant, in the re-issuance of Commission - Report of Commissioner may be of use to decide the issue in the suit and to avoid lengthy..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Issue should have been framed by trial Court as to whether defendant was served and/or had knowledge of pendency of suit and thereafter an opportunity should have been given to defendant to lead evidence - Since said procedure is not followed, trial Court has erred in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Law as to : (i) To reject a plaint on the ground that suit is barred by any law, only averments in plaint to be referred to; (ii) Defence made by defendant in the suit must not be considered while deciding merits of application; (iii) To determine whether a suit is barred by res judicata, it is necessary..........