Civil Procedure Code, 1908, Section 151 -- Witness not cross examined despite grant of sufficient opportunities - One more opportunity granted to give quietus to the litigation...........
Civil Procedure Code, 1908, Section 151 -- Ex parte decree - An aggrieved party has right to get ex parte judgment and decree set aside u/s 151 CPC...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Reopening of case and recall of a witness for cross-examination - LRs of deceased defendant filed similar application to recall PW1 for cross-examination and same was allowed - PW1 thus, was fully examined - Trial Court has given sufficient opportunities to cross-examine witnesses - Application rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with regard to boundaries in the schedule of plaint - Plaintiff should have been more careful and more diligent in incorporating the correct schedule of the boundaries to the suit schedule properties at the time of filing the suit or prior to commencement of trial -..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise - Suit for specific performance - Two suits - Compromise arrived at between parties, which is lawful - Consent decree for specific performance thus, need to be passed in one suit where plaintiff seeking recording of compromise - Suit decreed - Other suit in which plaintiff seeking..........
Rajasthan Rent Control Act, 2001, Section 21, Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Eviction petition - Amendment of plaint - Amendment sought for is subsequent event and if allowed would not change nature of suit - Rather, it is essential for deciding real controversy involved between parties - Amendment allowed...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Objections to attachment - Dismissal in default - Restoration - Condonation of delay - Delay of 3-1/2 years - Material on record that plaintiffs had knowledge about order dismissing objections in default - Application for restoration of objections rightly rejected...........
Civil Procedure Code, 1908, Section 151, 96 -- Correction of decree - Partition suit - Appellate Court corrected share of plaintiff in decree of trial Court - Even if there is no particular prayer for such correction, appellate Court can correct the same, as appeal is merely an extension of original proceedings in suit - Moreover, in case of partition suit, any party could..........
Civil Procedure Code, 1908, Section 151 -- Execution - Death of JD - LRs of JD were taken on record by way of allowing application u/s 151 CPC - Provisions of O.22 CPC not applicable to proceedings, question of abatement does not arise - Application filed u/s 151 CPC rightly allowed...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Failure to appear due to illness - Medical certificate in support thereof cannot be discarded altogether merely on the ground that doctor issuing the certificate did not advise complete bed rest - Ex parte decree set aside...........
