Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC filed after inordinate delay of about 7 years after putting in appearance by defendant in execution proceedings - No reason offered by defendant for not filing application for setting aside ex parte decree for a period of almost seven years - Order..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of site commissioner - Partition suit - Court while allowing application specifically directed that inspection of property by taking details of neighborhood, condition and measurements of rooms and walls and also to take photographs and measurements of plot in dispute from all sides based upon which..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Court has power u/s 151 CPC to order consolidation of suits for practical reasons and for convenience of Courts and also to prevent multiplicity of proceedings, conflicting judgments, expenses and delay - It helps prevent rendering different judgments...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - When cause of action and issues raised in two or more suits are similar, Courts can exercise power u/s 151 CPC to consolidate suits...........
Civil Procedure Code, 1908, Section 151 -- Scope - Provision of S.151 CPC is applicable only when there is no alternative remedy in existing provision of law - S.151 CPC cannot be invoked as an alternative to file review...........
Civil Procedure Code, 1908, Section 151 -- Modification of decree - Interlocutory application u/s 151 CPC seeking modification of decree is not maintainable...........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Defendant has not admitted any liability towards plaintiff's claim in his written statement - In fact endeavour of defendant in his written statement is that he has to recover the amount from plaintiffs - One stray sentence from written statement cannot be taken out of..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 2 -- Summoning of witnesses - Suit for cancellation of gift deed - Gift deed was executed before Sub-Registrar - Examination of Sub-Registrar is necessary for proper and effective adjudication of suit - Application allowed...........
Civil Procedure Code, 1908, Section 24, 151 -- Transfer of divorce petition at the instance of wife - Minor children of parties are residing with husband and as such he has to take care of them - Wife has not filed any petition for custody of children - Moreover, wife is unable to show as to why she is unable to travel - Husband on the other hand is working and is solely..........
Civil Procedure Code, 1908, Section 10, 11, 151 -- Stay of subsequent suit - Barred by res judicata - Issue involved in the counter claim and rent application are separate and cause of action is distinct - Principle of res judicata would not operate and there would be no possibility of any conflicting decrees being passed - Applications u/ss 10, 151 CPC does not satisfy..........
