Civil Procedure Code, 1908, Section 151, 2(2), 96 -- Suit for possession by pre-emption - Order for deposit of I/5th of pre-emption money - Amount deposited within time - Plaintiff taken ill and could not attend Court nor could he inform his counsel - Counsel stated that direction of Court not complied with - Court rejected the plaint - Application under Section 151 for..........
Civil Procedure Code, 1908, Section 151 -- Powers u/s 151 cannot be extended to defeat any provision of law or a substantive right conferred by law - Direction to deposit arrears of rent and damages by appellate court invoking inherent powers - No such deposit provided in the act - It amounts to a clog on the appeal which is not warranted by the relevant statute...........
Civil Procedure Code, 1908, Section 115, 151, Order 41, Rule 23 -- In appeal the lower appellate court remanded the case for fresh decision on question of law and fact Is not an order U.O.41.R.23 CPC - Revision against the remand order is maintainable...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 25 -- During pendency of second appeal law changes - In view of express provisions of O.41.R.25 inherent powers u/s 151 CPC cannot be invoked - Additional issue referred for trial to the lower appellate Court...........
Civil Procedure Code, 1908, Section 151, 152, Order 20, Rule 7 -- Date of decree - Decree passed - Appeal dismissed - Application for amendment of decree declined and on revision the amendment in the decree allowed - Application for execution of the decree - When the time of limitation begins to run...........
Civil Procedure Code, 1908, Section 151, Order 45, Rule 13 -- Writ petition dismissed High Court granting leave to appeal High Court has power u/s 151 CPC apart from provisions of O.45R.13 CPC to grant interim injunction till appeal is filed in Supreme Court...........
Civil Procedure Code, 1908, Section 151 -- Memorandum of appeal filed against judgment of single judge of High Court Paying the court fee but no leave to appeal granted Court fee paid can be refunded u/s 151 CPC...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 23 -- Remand by High Court on a limited question whether entire appeal can be heard by the lower Court - AIR 1970 Madras 328 Followed wherein held that it was not open to the lower Court, when an appellate Court remanded the case to it, to do anything but to carry out the terms of the remand even if it considered that..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 90, Civil Procedure Code, 1908, Order 41, Rule 33 -- Application U/O.21.R.90 dismissed in default - Remedy by way of appeal though available is illusory Under inherent powers the Court which passed the order of dismissal can set aside the order of dismissal...........
Civil Procedure Code, 1908, Section 151 -- Dismissal order passed inadvertently Notwithstanding the remedy of appeal court could act ex debito justice in order to correct its own error...........
