Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Mistake - Consent decree cannot be modified/altered unless the mistake is a patent or obvious mistake...........
Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Court can entertain an application u/s 151 CPC for alterations/modification of consent decree if the same is vitiated by fraud, misrepresentation or misunderstanding...........
Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Court in exercise of its inherent powers may rectify the consent decree to ensure that it is free from clerical or arithmetical errors so as to bring it in conformity with the terms of the compromise...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Local Commissioner - Court cannot be used as a tool for collecting evidences, especially when plaintiff has failed to bring on record any title document as to how property in question was ancestral - Plaintiff cannot be allowed to fulfill the deficiency of his case by appointment of Commissioner so..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Right of plaintiff to evidence came to be closed by trial Court earlier on two occasions - However, in interregnums, several applications for production of documents were also filed by either side - One more opportunity is thus, given to plaintiffs to exercise their right of evidence with cost of Rs.1000/-...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Subject matter in controversy in both the suits is not same - Relief claimed in both the suits is also different - Decision rendered in first suit will not bar second suit as per principle of res judicata - Application for stay of subsequent suit rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 4 -- Ex parte ad interim injunction - Court shall vacate the injunction only if it comes to conclusion that plaintiff had knowingly made false or mis-leading statement in relation to the material particulars leading to grant of injunction...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Conduct of Elections Rules, 1961 -- Form 25 - Rejection of election petition - Verifying affidavit in support of election petition filed - However, Affidavit in Form 25 not filed - This is a curable defect - An opportunity must be granted to the Appellant to file an affidavit in support of petition in Form 25 in..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Ex parte order granting maintenance to widowed daughter-in-law - Notice was sent to father-in-law initially by ordinary post and thereafter by registered post - Service was presumed to have been effected upon father-in-law as per endorsement of postman on..........
Civil Procedure Code, 1908, Order 8, Rule 1A, 3(A), 151 -- Production of statement of plaintiff regarding admission made in another suit - Eviction suit - Statement of plaintiff sought to be brought on record was itself rendered on 11.9.2017 and thus, could not have been brought on record prior thereto - Relevance of statement can further be examined by Court below -..........
