Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Appeal - Delay of 57 days - Delay occurred due to making application and obtaining certified copy of judgment and also collecting funds for engaging a counsel - Petitioner contested suit right from beginning to date of judgment of trial court but delay occurred in filling the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex-parte decree - Delay of 101 days - Condonation - Suit for partition - Petitioners in their affidavit stated about knee operation undergone by counsel, but said fact was not taken into consideration by Court below - Since it is suit for partition and substantial rights of..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - In the fitness of things two suits ordered to be consolidated and making the previously instituted suit as the leading one...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution - U.O.22.R.5 CPC, question as to who are persons to be substituted as LR's of deceased is required to be determined by Court before whom suit/appeal is pending...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Death of sole plaintiff - Substitution of LRs - Eviction suit instituted in Small Causes Court (SCC) - Respondent and revisionist both claiming rights as heirs of deceased plaintiff through Wills set up by them - It was not possible for SCC to adjudicate about validity of either of Wills - It is thus, appropriate to..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Cancellation of sale deed - Allegation of fraud, deceit and fabrication - Revenue Courts are not skilled and experienced to try such cases - Suit of such nature is decided by Civil Courts...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Counter claim - Amendment - Relief of mandatory injunction to remove encroachment sought by way of counter claim - Amendment sought to seek relief of permanent injunction to restrain plaintiff from encroaching upon the remaining portion of passage - Amendment sought after trial has commenced - However, since amendment sought..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Trial Court committed error by concluding that there was prima facie case regarding three properties for which injunction was ultimately granted without discussing as to how suit properties were joint - On this count alone order passed by trial Court cannot be sustained and hereby..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Two rival wills qua suit property of common predecessor set up by both the parties - Plaintiff sought amendment to overcome the defect qua descriptions of corpus of property alienated to him under a testamentary disposition made by his predecessor - Amendment sought is necessary and merely clarificatory..........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ex parte order - Setting aside - Process server failed to observe mandatory requirement of O.5.R.17 CPC, before resorting to record refusal straightaway, without even, obtaining statement of witness to that effect - Even no affixation was done at door or on conspicuous..........
