Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary mandatory injunction for restoration of electricity connection - Plea of outstanding dues - Property purchased in auction - In sale certificate no encumbrance was shown - Injunction rightly granted in favour of plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants raised the ground that summons of suit were served on defendant no.2 who is mentally retarded and could not intimate regarding service of notice of suit upon defendants - However, defendants failed to produce a single document so as to show and suggest that defendant..........
Civil Procedure Code, 1908, Section 151 -- President of an Association examined as a witness - New President sought to be examined as a witness by eschewing evidence of earlier President - Not permissible - When erstwhile President left the association, it is not necessary to eschew his evidence - Merely because erstwhile President left the association, it will not be a..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of plaintiff in relation to newly framed issue - Burden of proving the newly framed issue is on defendant - Plaintiffs are not required to give further evidence in respect of same - Moreover, defendant had an opportunity to cross-examine plaintiffs on said issue at the time of their evidence because he..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Counsel for plaintiff on account of death in neighborhood could not appear before Court on the date so fixed - Affidavit in this regard was also submitted by him before Court below - Sufficient cause of absence has been shown by plaintiff - Suit restored to its original..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for cancellation of Will and sale deed - Petitioner is not a party to either of document challenged in suit - He claimed that he purchased a part of property through an agreement from one `A' who in turn is also stated to have entered into an agreement to sell with erstwhile owner of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Court can allow additional evidence by exercising inherent powers u/s 151 CPC...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment to incorporate plea of family settlement allowed - After amendment is allowed, Court to frame a distinct issue on the validity and correctness of memorandum of family settlement and thereafter to allow parties to lead evidence on said issue...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Both the parties placed reliance on agreements, which are in their possession - Correctness and genuineness of those document requires evidence - Status quo order rightly passed and calls for no interference...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of two suits - Parties to both the suits are distinctly different - Cause of action and relief claimed in both the suits are also different - Plaintiffs in both the suits are asserting their possession to suit property but with reference to different transactions and different points of time - Common evidence cannot..........
