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 7, Rule 11, Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14, 15 -- Rejection of plaint - Defendant cannot ordinarily insist upon production of documents as a pre-condition to Court's power to consider an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14, 15 -- Application for rejection of plaint and production of documents - Court is entitled to proceed with O.7.R.11 CPC application without compelling production of additional documents at that stage - If, on conclusion of hearing application U.O.7.R.11 CPC, suit survives,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14, 15 -- Application U.O.7.R.11 CPC and application U.O.11.Rr.12 to 15 CPC - If an application for production is plainly collateral to or inconsistent with limited inquiry U.O.7.R.11 CPC or if it serves only to delay the hearing of a threshold legal objection, Court may..........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Any one of several joint decree-holders may apply for execution of whole decree for benefit of all decree holders including survivors and legal representatives of a deceased decree holder, unless decree itself contains any provisions to the contrary...........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Decree for possession - DHs are heirs of original plaintiff, their inter se rights regarding property are not to be considered and decided in execution petition - It is only decree for possession has to be executed whether at the behest of one of decree holder or by all decree holders,..........
Civil Procedure Code, 1908, Order 21, Rule 15, 17 -- Execution - Joint decree holders - It is not absolutely incumbent on executing DH to state in so many words in execution petition itself that decree is being executed for benefit of all decree holders - If it appears to Court that decree is, as a matter of fact, being executed for benefit of all DHs, it will allow..........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Law as to: (i) Provisions of O.21.R.15 CPC apply to all cases where a decree has been passed in favour of more persons than one as joint decree holders; (ii) If decree itself indicates that, though a number of persons figure as decree holders, their interests are clearly defined as to..........
