Civil Procedure Code, 1908, Section 151, Order 13, Rule 4 -- Exhibition of document - Certified copy of deposition of defendant in evidence, who deposed as PW1 in other case, sought by plaintiff on his behalf - Said certified copy is a part of record of Court, certainly there is a presumption of authenticity including its contents and basing on the proceedings before Court..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police assistance can be provided even when ad interim injunction order is not made absolute - An ad interim order has the same force as any final order and a party cannot refuse to abide an ad interim order on the ground that the same is only an ad interim direction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police assistance - Providing police assistance as Court prima facie coming to conclusion that ad interim injunction order is violated - If defendant is not violating ad interim injunction order then providing police assistance is nothing but an innocuous order and on..........
Civil Procedure Code, 1908, Section 151, Order 20, Rule 6A -- Drawing of decree - Where Court disposed of suit and did not draw a decree but only passed the order, DH was required to file an application u/s 151 r/w O.20.R.6-A CPC to Court for drawing a decree in accordance with order passed - High Court was thus, not justified in directing appellant to apply u/s 152 CPC..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Demarking of document - Agreement to sell filed along with plaint - Defendant does not take any objection with regard to said document either in his written statement or at the time of its marking - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Second application for amendment - More than one application for amendment is maintainable if circumstances so warrant...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment filed u/s 151 CPC also - Amendment in execution application was necessary since correction in the judgment and decree of trial Court had been done so as include khasra No.465, which could not be incorporated inadvertently, though, it was subject matter..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Commissioner - Commissioner appointed only to know exact details of electricity connection - It cannot be inferred that evidence is collected for deciding issue - Application rightly allowed...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100, 151 -- Condonation of delay - Delay of 1889 days in filing second appeal - Suit for declaration and permanent injunction - Delay in the case is more than 5 years - No satisfactory or plausible explanation rendered, which might have been taken into consideration to condone delay - Moreover,..........
Civil Procedure Code, 1908, Section 151 -- Stay of civil suit during pendency of criminal proceedings - Petition u/s 11 Hindu Marriage Act filed by husband - Proceedings for offence u/s 376, 504 IPC pending against husband - Purpose and method of two proceedings are entirely different - Yardstick for assessment of evidence in both the proceedings are also entirely distinct..........
