Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 6 -- Summoning of record - Application filed by defendant lacks bona fides and same has been filed only to protract proceedings - Trial Court after elaborate consideration of matter and referring to all relevant facts and circumstances rejected application - No error apparent on face of record - Application rightly..........
Civil Procedure Code, 1908, Section 24, 22, 151 -- Transfer of divorce case - Husband filed divorce case in Gyalshing, West Sikkim - Marriage of parties solemnized at Gangtok - Wife was residing in Gangtok at the time of presentation of divorce petition and continues to reside there - Divorce proceedings filed by husband before Family Court, Gyalshing could have been filed..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising construction over suit property and changing existing portion of land and alienating specific portion of land - Defendants have already raised construction over suit property and built residential houses - Plaintiff never objected the same and..........
Civil Procedure Code, 1908, Section 151, 89 -- Private out of Court settlement - Refund of Court fee - Private out of Court settlement by parties during pendency of appeal - Appellant is entitled to refund of Court fee...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 11 -- Striking off defence - Violation of ad interim injunction order - Defendant had specific knowledge of interim order of injunction as passed by trial Court, inspite of which sale deeds came to be executed by him - Action of defendant amounting to willful and intentional defiance of order - Defendant even..........
Civil Procedure Code, 1908, Section 151 -- Power u/s 151 CPC - Cannot be exercised beyond pleadings of parties...........
Civil Procedure Code, 1908, Section 151 -- Power u/s 151 CPC - Cannot be invoked by Court to pass an order or direction for which there is separate provision under CPC...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is not exhaustive - Court has inherent power to see that frivolous or vexatious litigations are not allowed to consume the time of Court...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of civil suit for injunction and SCC suit - SCC suit can be heard by Judge Small Causes Court only - Courts in the two suits are different, parties are different and subject matter of suit is also different - Judge of Small Causes Court has no jurisdiction to decide suit for injunction - Application for consolidation..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Evidence of defendants was closed after giving adequate opportunity to lead evidence to defendants - Even in application moved U.O.8.R.1-A(3) CPC, there was no prayer for reopening of evidence - It was for defendants to exercise due diligence at appropriate time - Conduct of defendants shows that in guise..........
