Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 6A -- Compromise - Suit disposed of in terms of compromise but formal decree not drawn - Plaintiff to file an application u/s 151 r/w O.20.R.6-A CPC before the Court for drawing the decree in accordance with the order...........
Civil Procedure Code, 1908, Order 20, Rule 10 -- Decree for recovery of gold ornaments - Family Court in view of O.20.R.10 CPC, ought to have granted a decree for recovery of gold ornaments and also in alternative, a decree for market value of gold, in case delivery cannot be had...........
Civil Procedure Code, 1908, Order 20, Rule 10 -- Decree for recovery of gold ornaments - When decree is for return of value of gold as on the date of payment, it shall not carry any interest...........
Civil Procedure Code, 1908, Order 20, Rule 10 -- Decree for recovery of gold ornaments - Family Court Found that husband was entrusted with gold ornaments of wife - However, Family Court failed to grant a decree for return of gold ornaments in specie, but granted a decree for alternative relief alone that too by awarding value of gold as on the date of its purchase, which..........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Judgment without issue wise finding - Judgment passed without considering and appreciating material evidence on record which appears to be cryptic - Impugned judgment set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 20, Rule 4 -- Judgment of Small Cause Court - Non-framing of point of determination - Eviction suit - Defence of petitioner was struck off - Point of determination could have been framed only if defence was on record and there was any points to be determined - There was thus, no illegality or irregularity in passing order without point of..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree in a partition suit without there being a final decree cannot be executed - When there is no final decree, there is no executable decree - Decree becomes executable only when final decree is passed...........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Decree for specific performance - Decree passed in a suit for specific performance in terms of O.20.R.12-A CPC is in the nature of preliminary decree - Any terms of decree of such nature, can be subjected to further proceedings in suit itself...........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Inter related or inter connected issues - Court can decide issues which are inter related or inter connected taking them together in composite discussion...........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 20, Rule 5 -- Remand - Remand of suit for fresh trial because of the fact that issues were not separately dealt with - Appellate Court cannot shirk its duties to dispose of appeal on merit - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to..........