Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of dispossession of defendant by plaintiff cannot be granted in a suit filed by plaintiff U.O.39.Rr.1, 2 - Held, Court cannot grant injunction by taking recourse to S.151 CPC when application is not maintainable U.O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A -- Breach of restraint order - Court has inherent power to bring back the parties to the same position as if the order of injunction has not been violated...........
Hindu Marriage Act, 1955, Section 9, 10, 13, 21A, Civil Procedure Code, 1908, Section 151 -- Cross petitions under Hindu Marriage Act - Should be consolidated as early as possible - Two matters cannot be decided separately - No reason to multiply the proceedings...........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3, 9, Limitation Act, 1963, Section 5 -- L.R's not brought on record within time - Application U.O.22.R.9 not filed - Instead application U.O.22.R.3 and a separate application u/s 5 Limitation Act filed - Held, such technical objections should not come in doing full and complete justice between the parties -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Court can grant injunction u/s 151 of the Code if matter is not covered by O.39.Rr.1 & 2 CPC...........
Civil Procedure Code, 1908, Section 151 -- Dispossession during pendency of suit either in violation of order of injunction or otherwise - Court has jurisdiction to restore the parties back to the same position...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Frivolous suit - If not liable to dismissal U.O.7.R.11 CPC can be dismissed u/s 151 CPC - Frivolous litigations are required to be nipped in the bud at the earliest possible stage as the sole object of the frivolous litigation is to drag adversary in the litigation till it is dismissed consuming several years of..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-A -- Additional evidence - Deletion of O.18.R.17-A CPC does not debar Court to allow additional evidence in exercise of inherent jurisdiction, at any stage, if justice so warrants...........
Civil Procedure Code, 1908, Section 151 -- Inherent power - In matters with which CPC does not deal, Court can exercise its inherent power to do justice between the parties - In case there are specific provisions in CPC then Court cannot invoke its inherent jurisdiction to cut across the powers conferred by CPC - Object of S.151 CPC is to supplement and not to replace the..........
Civil Procedure Code, 1908, Section 151 -- Belated attempt to reopen concluded issues by resorting to S.151 is impermissible...........
