Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Suit alleged to be barred U.O.23.R.3-A CPC - Civil suit challenging compromise decree passed by Revenue Court - Separate suit challenging a compromise decree is not maintainable and is barred by U.O.23.R.3-A CPC - Question of legality or validity of a..........
Civil Procedure Code, 1908, Section 2(2), Partition Act, 1893, Section 2, 3, 4 -- Decree - Order made u/ss 2 to 4 of Partition Act is a deemed decree within the meaning of S.2(2) CPC...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution - Partition suit - Decree for all purposes determined the entitlement or right to possession, mesne profits and first option regarding the mode and manner of working out shares in the event of default in the sale of subject matter - Direction to file a fresh application after passing of a Final Decree is completely..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Expression `first date of hearing' has to be understood as date when Court proposes to apply its mind to controversy involved in the suit and not any earlier date fixed for procedural purposes...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Power to strike off defence U.O.15.R.5 CPC though couched in mandatory terms, is not to be exercised mechanically - Court must consider whether there has been substantial compliance and whether default is wilful or contumacious...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defence of defendant struck off by trial Court primarily on the ground of non-deposit of rent within stipulated time - However, certain foundational aspects such as determination of first date of hearing and issue of proper service and opportunity were neither conclusively determined nor adequately..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Execution Court dismissed execution application by observing that decree was conditional, amount was to be paid within one month but no amount was deposited even though application was submitted, therefore decree cannot be executed - High Court affirmed the view of execution..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Decree for specific performance - Doctrine of merger - Appeal of JD was dismissed for non-prosecution - There would be no merger of trial Court decree in appellate Court order...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Mere filing of appeal or an application U.O.9.R.13 CPC, would not make a JD entitled to stay execution of decree passed in favour of DH...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Party that establishes some semblance of title or interest in suit property can be impleaded as a party even in a suit for specific performance - Such party is thus, proper and necessary party for effectual and complete adjudication of suit - Application rightly..........
