Civil Procedure Code, 1908, Section 151, Order 21, Rule 90 -- Auction sale - Confirmation - Confirmation of sale in the year 1996 at 1991 prices without taking into consideration price escalation since then - Rule of fairness demands such sale to be cancelled and fresh sale to be held in interest of justice to party...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 90 -- Auction sale - Cancellation - Right would accrue to auction purchaser only on confirmation of sale - Not permissible for auction purchaser to claim compensation by way of interest on money deposited by him when auction sale has been set aside...........
Civil Procedure Code, 1908, Section 151 -- Stay of civil suit pending criminal proceedings - Defendant filed written statement and thereafter obtained stay of civil suit - Held, after filing of written statement the cause of action for stay no longer subsists...........
Civil Procedure Code, 1908, Section 151, 153, Order 21, Rule 17, Limitation Act, 1963, Article 136 -- Execution - Mode of Execution - Amendment - Can be allowed only if sought within period of limitation - Amendment sought after 17 years from date of decree - Barred by limitation - Powers under Ss.151 and 153 of Code cannot be invoked to remove the bar of limitation...........
Civil Procedure Code, 1908, Section 151 -- Court has power to undo any injustice without being restricted by any procedural technicality - The procedures are handmaid of justice which cannot have tentacles to restrain a Court from removing injustice and rectifying its own mistake when the same is brought to is notice...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police aid to implement injunction order granted exparte pending disposal of application for revoking that order - Cannot be granted...........
Civil Procedure Code, 1908, Section 152, 151 -- Interest - Claimed 6% but in the prayer rate of interest shown as 36% - Consent decree - Modification of decree sought as to payment of interest of 6% instead of 36% - Clerical mistake - Application is justified and maintainable...........
Civil Procedure Code, 1908, Section 152, 151 -- Judgment and decree - Corrections - No limitation is fixed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Threat to change nature of land, to cause injury to subject-matter of suit or to cause comparative inconvenience or hardship to party - Civil Court to direct the parties to maintain status quo till the clouds of rights and liabilities of the parties are finally decided in the suit on merits - If matter be outside..........
Civil Procedure Code, 1908, Section 144, 151 -- Eviction order - Appeal - During pendency of hearing of stay application D.H. undertaking not to execute decree till hearing of stay application - J.D. dispossessed on same day in execution proceeding - J.D. ordered to be put back in possession by invoking powers under Section 151 CPC - Held, S.144 is not applicable in such..........
