Civil Procedure Code, 1908, Section 152, Order 34, Rule 7, 8 -- Suit for redemption - Preliminary decree - Omission to mention inscription - Correction by trial Court - Contention that decree being affirmed by High Court, trial Court lacks jurisdiction to correct it and only High Court can do so, is untenable - It is trial Court where suit is returned for proceeding in..........
Civil Procedure Code, 1908, Order 34 -- Suit for possession by redemption of mortgage - When there is positive and clinching evidence on record that mortgagor has not been traceable or heard for the last more than 7 years then heirs of mortgagor can claim possession by redemption of mortgage. (Evidence Act, 1872, S.108)..........
Civil Procedure Code, 1908, Order 20, Rule 11, Civil Procedure Code, 1908, Order 34, Rule 5 -- Payment by instalments - Provision of O.20.R.11 CPC is applicable only to simple money decrees and not to decrees for recovery of money by sale of the mortgaged property...........
Civil Procedure Code, 1908, Order 34, Rule 5 -- Final decree - Court cannot go behind preliminary decree - Court cannot reopen question already determined at time of passing of preliminary decree...........
Civil Procedure Code, 1908, Order 34, Rule 5 -- Preliminary decree - Objection that while passing preliminary decree court has relied upon evidence of plaintiff recorded by Court in the absence of defendant prior to setting aside of the exparte order - Not tenable when defendant was proceeded exparte and even after order proceeding exparte was set aside they again..........
Civil Procedure Code, 1908, Order 34, Rule 11 -- Under clause (a) and (b) of the Rule 11 interest can only be awarded on the principal amount - Interest due before the date of filling of the suit is not treated as principal - Amount of interest due to the plaintiff has to be determined separately...........
Civil Procedure Code, 1908, Order 34, Rule 2, 11 -- Expression `Principal' and `Aggregate of the principal sums' in clause (a) in Order 34 Rules 2 and 11 means only `Principal' and not `Principal & interest'...........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 34, Rule 1 -- Redemption of mortgage - Non impleading of daughters of mortgagee who were necessary parties - Objection as to non joinder also taken at earliest opportunity - Suit bad for non joinder of necessary parties...........
Civil Procedure Code, 1908, Order 20, Rule 11, Civil Procedure Code, 1908, Order 34, Rule 4 -- Suit for recovery of money by sale of mortgaged property - Plaintiff resisted benefit of instalments - Court cannot pass decree granting benefit of paying decretal amount in instalments in mortgage suit...........
Civil Procedure Code, 1908, Order 34, Rule 4 -- Suit for recovery of mortgage money by sale of mortgaged property - Even if the mortgagor concede the claim, a preliminary decree has to be passed in terms of O.34 R.4 CPC and a date for redemption has to be fixed, unless the parties to the suit specifically agree for passing a final decree...........
