Civil Procedure Code, 1908, Section 151, Order 20, Rule 11 -- Payment of decretal amount by instalments - Executing Court not given any power to order payment by instalments - Guljinder Singh's case 2000 (2) PLR 153 Not Applicable - Gunna Yerrannaaidu's case AIR 2002 Andhra Pradesh 37 Relied on...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Basic object of jurisdiction to clothe Civil Court with power to perform its duty to do justice between the parties - Inherent powers under Section 151 to be used sparingly - Nothing in the Code shall be deemed to limit inherent powers of Civil Court to make such order which is necessary for the ends of..........
Civil Procedure Code, 1908, Section 148, 151, Order 8, Rule 1, 10 -- Written statement - To be filed within 30 days of service of summons - Court can extend time for valid reasons - Extended time cannot go beyond 90 days from date of service of summons - Right of party to file written statement is lost if same is not filed within time allowed - Court has no discretionary..........
Civil Procedure Code, 1908, Section 151 -- Inherent power - Cannot be exercised in contravention of express provision of law...........
Civil Procedure Code, 1908, Section 149, 151 -- Deficient Court fee - Court has jurisdiction to permit the party to make up the deficiency in Court fee even after expiry of limitation...........
Civil Procedure Code, 1908, Section 144, 151, Order 9, Rule 13 -- Restitution - Relief at interlocutory stage can be granted - Tenant evicted in execution of ex parte decree - Sale of property in the meantime - Exparte decree set aside as it was passed even without notice to the tenant - Order of restitution can be passed against purchaser - Relief of restitution can be..........
Civil Procedure Code, 1908, Section 151, Order 41, Limitation Act, 1963, Article 122, 137 -- Appeal - Dismissal for non prosecution by persons interested in the matter - Can only be under S.151 CPC and not under any other provision of O.41 CPC - Restoration of appeal dismissed u/s 151 CPC - Art.122 Limitation Act has no application - It is Art.137 Limitation Act which..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 9, Civil Procedure Code, 1908, Section , Order 41 -- Dismissal of appeal for non-prosecution by persons interested - Can be only under Section 151 - Not under any other provision of Order 41 - Appeal if dismissed under Section 151 - Article 122 Limitation Act has no application - Court when makes order under Section..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers of Court - Cannot be exercised to enable party to fill lacuna in evidence...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution - Dismissal for default - Restoration - Where application is filed in time and sufficient cause is shown for non appearance of decree-holder on day of hearing, Court can restore dismissed petition to file - Such restoration does not amount to fresh execution and question of limitation therefore..........
