Civil Procedure Code, 1908, Section 151 -- Stay of civil suit during pendency of criminal proceedings - Both proceedings can run side by side - Stay refused...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Suit dismissed for default - Restoration application filed on the same day - Application filed u/s 151 CPC instead of specific provision of O.9 R.9 CPC - Trial Court allowed application - Order upheld...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution petition - Dismissed for default - Restoration - Court has power to restore it under Section 151 if sufficient cause for absence is shown...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 98 -- Execution - Resistance to possession - Appellant claimed independent right, title and interest and revised execution - Application U.O.21 R.97 - Court is enjoined to adjudicate claim and record a finding allowing or rejecting claim...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte decree - Setting aside - Decree obtained by concealing necessary facts and avoiding necessary parties - Such a decree can only be termed as a decree obtained by fraud on court & collusive - Though O.9 R.13 CPC does not apply, court can set aside such decree by exercising inherent powers u/s 151 - Even..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1-A -- Compromise decree - Setting aside - Application under S.151 to set aside compromise decree is maintainable inspite of provision for appeal against such decree...........
Civil procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise decree - Setting aside - Fraud - Must be proved by adducing evidence - Mere filing of affidavit alleging fraud not sufficient...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police aid to implement order of injunction - Provisions of S.151 can be invoked in this regard - However it being an extreme step, it should not be recommended unless the Court is fully convinced of existence of grave emergency...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 89 -- Fraud in Court auction - Application to set aside sale filed beyond limitation - Court has ample jurisdiction to set aside sale though application is not filed in time...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 82, 95 -- No distinction be drawn between `an auction sale' and `a sale' in partition suit - S.151 CPC is not applicable in execution proceedings where specific provisions are made...........
