Civil Procedure Code, 1908, Section 151 -- Grant of police aid - Implementation of Court orders - When parties violate orders of injunction or stay, Court can, by exercising its inherent power, put back the parties in the same position as they stood prior to issuance of injunction order or give appropriate direction to police authorities to render aid to aggrieved parties..........
Civil Procedure Code, 1908, Section 148 -- Extension of time - Suit for specific performance - Compromise decree - Decree which is brought under compromise cannot be in any way altered by Court - Court has no such power, for otherwise, it would mean that what parties have agreed upon can be subject to variation by Court's discretion - Court does not enjoy any such..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3, 5 -- Death of plaintiff - Substitution of L.R's - Enquiry for determination of L.R's - Appellant claiming L.R. of deceased plaintiff - Defendant denied the same - In such case, Court has to determine the status of L.R of deceased party to suit by holding enquiry - Rejection of application and dismissal of suit as..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff/Karta of Hindu Joint Family - Substitution of succeeding karta - Eviction suit - Objection by tenant - Interest devolved upon the succeeding karta - No need to conduct any enquiry as provided U.O.22.R.5 CPC - Status of petitioner is apparent that he is tenant, therefore he should pursue his case on the..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Eviction suit - Suit brought by karta of joint Hindu family in his representative capacity - Other members of family are not necessary parties to suit - Suit will not fail by reason of non joinder of those members...........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Production of documents - Non compliance of order of production - Striking off defence, or to place the party in the same position as if it had not defended - It can only be when there is non compliance of an order passed U.O.11.R.3 or O.11.R.15 - However, in case of non compliance of order passed U.O.11.R.14 or O.11.R.16,..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte proceedings - Setting aside - Courts are liberal in allowing setting aside of ex-parte proceedings, including restoration of suit dismissed in default, because ordinarily persons should be allowed to have a judgment on merits and not on account of default...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of subsequent purchasers - Defence of subsequent purchasers is intrinsically linked to defendant No.1 in as much as subsequent purchasers have a right to be added U.O.22.R.10 CPC because successor-i, interest of a property can be added as a party to suit, once that successor-i, interest of a party to litigation..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police protection - Remedy of seeking police protection for implementation of temporary injunction, during pendency of suit is available in law...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, 2A -- Temporary injunction - Police protection - Party in whose favour order of temporary injunction is granted can approach Court for seeking action U.O.39.R.2-A PC - But that does not mean that one should adopt such remedy and/or has no other remedy - Remedy of seeking police protection for implementation of..........
