Civil Procedure Code, 1908, Order 41, Rule 6(2) -- Execution of decree - Money decree - Auction sale - Staying of - Application for - Stay of auction sale by executing Court held mandatory even in a situation where stay has been declined by appellate Court under Rule 5 of Order 41 CPC - Only discretion the execution court enjoys is to impose such conditions as may be..........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 6, Rule 17 -- Appeal - Additional evidence and amendment of written statement - Permission sought for - Defendant coming to know about the will during pendency of appeal - No delay or negligence attributable to the defendant - Amendment allowed - Case remanded for decision afresh on that..........
Civil Procedure Code, 1908, Order 41, Rule 1(3), 5 -- Money decree - Appeal against - Stay of execution - Deposit of amount disputed in appeal or to furnish security is a condition precedent for grant of stay of execution of decree - However, it is discretion of Court to order deposit of amount or to furnish security and this discretion is to be exercised judicially and..........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(aa) -- Additional evidence - Appellant stage - Certified copies of orders passed by authorities under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 - The defendant-respondents were diligent inasmuch as the documents were handed over to their counsel in the trial Court but inadvertently or..........
Civil Procedure Code, 1908, Order 41, Rule 27(2) -- Additional evidence - Appellate stage - Locus standi - A person may not be a party to the litigation, yet he may be entitled to produce a document as additional evidence - No distinction was intended by sub rule 1 (aa) between a party who has produced some evidence in the trial Court and one who has adduced no evidence in..........
Civil Procedure Code, 1908, Order 41, Rule 27(2) -- Additional evidence - Appellate stage - In cases where permission to adduce additional evidence is granted, the appeal could not be decided along with the application because the other party would be required to avail an opportunity to reply such evidence - However, in cases where the application for additional evidence..........
Civil Procedure Code, 1908, Section 105, 115, Order 41, Rule 1A -- Interlocutory order - Revision - Argument that order closing evidence of plaintiff by trial Court had attained finality and is not appealable repelled - Held that the nature of the order would be covered by the sweep of Section 105 and order 43 Rule 1A CPC - It cannot be concluded that the order is not..........
Civil Procedure Code, 1908, Order 41, Rule 6(2) -- Execution of decree - Stay of - Imposition of condition - Nothing in Order 41 Rule 6(2) CPC which may deter the Court from imposing a condition while staying the sale of immovable property - Order imposing condition that JD-petitioner would deposit the whole decreetal amount in the executing Court within 15 days of the..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Lower Appellate court - Duty of while differing with the finding of lower court - must give reason to differ - Appreciation of whole of evidence must be apparently visible from reading of judgement - Judgements for not confirming with requirement of law - Order to be set aside in second appeal...........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Cross objections - - When appeal is withdrawn or dismissed, cross objections can still be heard and determined...........
