Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea that counsel did not inform applicant of further proceedings - No absolute rule that a party can disown its Advocate at any time and seek relief - No such absolute immunity can be recognized - Such an absolute rule would make the working of system extremely difficult - Order..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Difference between O.26.R.9 CPC and O.39.R.7 CPC - Civil court has power to appoint Commissioner both U.O.26.R.9, O.39.R.7 CPC - In terms of O.39.R.7 CPC, civil Court can appoint Commissioner for the purpose of inspection of any property which is the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Parties have not led their evidence and there was no issue before Court that require elucidation - Trial Court committed error while appointing Commissioner U.O.26.R.9 CPC - Order of appointment of Commissioner set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - When Court on the basis of ocular and documentary evidence is not in a position to come to a definite conclusion on a particular issue or fact, same can be clarified by issuing a commission for local investigation...........
Civil Procedure Code, 1908, Section 151 -- Recall of PW2 for cross examination - There was no representation on behalf of defendant as such his right to cross examine PW2 was forfeited - Defendant was suffering from ill health - Medical documents show that defendant was suffering with prostatomegaly and umbilical hernia - Application allowed...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Issuance of conditional warrants of arrest - Judgment debtor had actively contested the case - No application filed by JD for contesting as indigent person - Only bald statements have been made that JD does not have means to satisfy decree - Conduct of JD evidences that he is only trying to avoid..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 23, Rule 3 -- Divorce by mutual consent - Compromise - Both the parties have amicably resolved and settled all pending cases and consideration has also been exchanged between them as per settlement agreement executed before Meditation and conciliation center - Settlement is bona fide and voluntary and..........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Property situated at Jaipur - Execution petition filed at Jaipur - Order directing to furnish transfer certificate set aside - Executing Court directed to decide execution application...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While determining an application filed U.O.7.R.11 CPC, Court should restrict itself to the plaint and should not go into the detail facts as provided under the written statement or even in the application filed for rejection of plaint - While scrutinizing the averments in the plaint, Court can read..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application Court not considered three basic issues i.e. suit is barred by limitation, suit not disclosed cause of action and lastly on the basis of insufficient Court fee on the basis of improper valuation - Order rejecting application set aside - Matter remitted back to trial Court for..........
