Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police aid to implement injunction order granted exparte pending disposal of application for revoking that order - Cannot be granted...........
Civil Procedure Code, 1908, Section 152, 151 -- Interest - Claimed 6% but in the prayer rate of interest shown as 36% - Consent decree - Modification of decree sought as to payment of interest of 6% instead of 36% - Clerical mistake - Application is justified and maintainable...........
Civil Procedure Code, 1908, Section 152, 151 -- Judgment and decree - Corrections - No limitation is fixed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Threat to change nature of land, to cause injury to subject-matter of suit or to cause comparative inconvenience or hardship to party - Civil Court to direct the parties to maintain status quo till the clouds of rights and liabilities of the parties are finally decided in the suit on merits - If matter be outside..........
Civil Procedure Code, 1908, Section 144, 151 -- Eviction order - Appeal - During pendency of hearing of stay application D.H. undertaking not to execute decree till hearing of stay application - J.D. dispossessed on same day in execution proceeding - J.D. ordered to be put back in possession by invoking powers under Section 151 CPC - Held, S.144 is not applicable in such..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 7 -- Recall of a witness - No prohibition of further cross-examination on leave of Court - Documents allowed to be produced - Further cross-examiantion in respect of those documents necessary - Inherent powers also available - Permitting of such further cross-examiantion is not contrary to law...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte ejectment order -Petitioner not to be dispossessed in execution of exparte decree till final decision on application under order 9 rule 13 CPC...........
Civil Procedure Code, 1908, Section 144 r, w, 151 -- Restitution - Order passed by First Appellate Court - Power of restitution is not confined to S.144 - Court has inherent power to grant restitution where S.144 in terms does not apply - Contention that application should have been filed in the Court of first instance - It cannot be said that First Appellate Court had no..........
Civil Procedure Code, 1908, Section 151, 56, Order 21, Rule 30 -- Inherent powers - Cannot be exercised to take coersive measures or to create judicial terrorism or for directing any one to be held in civil prison when law does not permit so - Woman (Petitioner) not complying with order of District Judge passed in succession case, while issuing succession certificate,..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1(c) -- Defendant seeking injunction against plaintiff - When plaintiff threatens to dispossess the defendant or otherwise cause injury to him relating to any property in dispute in the suit -Provision of O.39.R.1(c) does not apply - However, Court can grant injunction in exercise of inherent powers...........
