Civil Procedure Code, 1908, Section 47 -- Compromise decree - Setting aside - Challenge to sale deed and delivery of possession of suit property by way of separate suit, which was given to petitioner in execution proceeding of compromise decree - Not maintainable - Proper remedy is to challenge the same before executing Court itself u/s 47 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - For demarcation of suit land - Suit for declaration of title and permanent injunction - Serious dispute between parties with regard to boundary/area of scheduled suit land specially with regard to identity of land - No effective decree can be passed without appointment of commissioner - Commissioner..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 22, Rule 10, Specific Relief Act, 1963, Section 19, 22 -- Impleadment of a party - Suit for specific performance of contract - A person suing for specific performance of contract can ask for partition and separate possession of property - But, it would not enable a third party who is also..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 22, Rule 10, Specific Relief Act, 1963, Section 19, 22 -- Impleadment of a party - Specific performance - Transferee pendente lite - Transferee pendente lite would be in a similar position as a heir or legatee of a party who dies during pendency of suit or proceeding and therefore could seek..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Report of local commissioner does not hold any efficacy, when local commissioner has no personal knowledge of suit land and did not conducted relevant exercise with respect to suit Khasra number possessing relevant musabi - Thus, mere estimation with respect to location of suit Khasra number made by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after suit was remanded - Judgment and decree once set aside and suit remanded with a direction to decide afresh - It cannot be said that suit is remanded for a limited purpose - Amendment of pleadings is permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after suit was remanded - Amendment is permissible once Appellate Court sets aside the judgment and decree and remands suit for decision afresh - Amendment sought (i) regarding partial partition and (ii) regarding valuation of the suit - It does not change nature of suit -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Concurrent finding of fact decreeing suit of plaintiff - First Appellate Court framed three points for determination and recorded its finding on every point - Submission of defendants that First Appellate Court not discharged its duties in accordance with law is misconceived - Courts below..........
Civil Procedure Code, 1908, Section 80(2), Order 39, Rule 1, 2, 3, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Ex-parte interim order passed against Government, who is not party to suit - Without recording reasons and without issuing show-cause notice - Order passed is vitiated by illegalities and is hereby set aside - Petition allowed...........
Civil Procedure Code, 1908, Section 80(2) -- Suit against Government - Without issuing show cause notice - No interim order without issuing show cause notice be passed by Court against Government or its officers when notice required u/s 80(1) CPC is dispensed with exercising power u/s 80(2) CPC - Hence, order passed in violation of S.80(2) CPC itself is an illegality...........
