Civil Procedure Code, 1908, Section 24 -- Transfer of case - Rival litigant an Advocate - Not a ground for transfer of case...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - llegations about influence of litigant-advocate is not sufficient, more particularly when litigation is pending between parties since long and they were represented by counsel from local bar...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Applicant filing an application seeking transfer has to pin point the circumstances under which he gathers impression that justice will not be done - He is not required to demonstrate that justice will inevitably fail...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief - When larger or wider relief is claimed and Court finds entitlement to a lesser relief then Court can grant such lesser relief - However, Court cannot grant a larger or wider relief to suitor than that claimed by him...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Registry cannot make inroads into areas within exclusive domain of judiciary and seek clarification as to why a particular party has been joined as a respondent...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Violation of decree of injunction - Executing Court passed the detention order without issuing notice or affording any opportunity of hearing to JD - Such an order which entails deprivation of personal liberty is in clear violation of principles of natural justice - Failure to follow..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Application u/s 47 CPC was filed when execution proceeding was concluded - Application dismissed being not maintainable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All questions arising between parties to suit in which decree was passed or their representatives relating to execution discharge or satisfaction of decree must be determined by Court executing the decree and not by a separate suit - Said questions must be determined during process of execution of decree,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Petitioners wish to introduce pleadings that would change nature of claim - Petitioners are bringing absolutely inconsistent case contrary to case pleaded in original plaint - In absence of explanation as mandated U.O.6.R.17 Proviso CPC amendment cannot be permitted at belated stage - Application rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought after recording of evidence of two witnesses i.e. after commencement of trial - No explanation as to why such amendment was not sought at initial stage or atleast before commencement of trial - Mere explanation given that Advocate before Trial Court took wrong plea, such contention..........
