Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Court has power u/s 151 CPC to order consolidation of suits for practical reasons and for convenience of Courts and also to prevent multiplicity of proceedings, conflicting judgments, expenses and delay - It helps prevent rendering different judgments...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - When cause of action and issues raised in two or more suits are similar, Courts can exercise power u/s 151 CPC to consolidate suits...........
Civil Procedure Code, 1908, Section 151 -- Scope - Provision of S.151 CPC is applicable only when there is no alternative remedy in existing provision of law - S.151 CPC cannot be invoked as an alternative to file review...........
Civil Procedure Code, 1908, Section 151 -- Modification of decree - Interlocutory application u/s 151 CPC seeking modification of decree is not maintainable...........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Defendant has not admitted any liability towards plaintiff's claim in his written statement - In fact endeavour of defendant in his written statement is that he has to recover the amount from plaintiffs - One stray sentence from written statement cannot be taken out of..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 2 -- Summoning of witnesses - Suit for cancellation of gift deed - Gift deed was executed before Sub-Registrar - Examination of Sub-Registrar is necessary for proper and effective adjudication of suit - Application allowed...........
Civil Procedure Code, 1908, Section 24, 151 -- Transfer of divorce petition at the instance of wife - Minor children of parties are residing with husband and as such he has to take care of them - Wife has not filed any petition for custody of children - Moreover, wife is unable to show as to why she is unable to travel - Husband on the other hand is working and is solely..........
Civil Procedure Code, 1908, Section 10, 11, 151 -- Stay of subsequent suit - Barred by res judicata - Issue involved in the counter claim and rent application are separate and cause of action is distinct - Principle of res judicata would not operate and there would be no possibility of any conflicting decrees being passed - Applications u/ss 10, 151 CPC does not satisfy..........
Civil Procedure Code, 1908, Section 152, 151 -- Correction/amendment of decree - Court is not empowered to correct/amend decree which is in accordance with findings recorded in judgment even if it is erroneous not falling within in its ambit...........
Civil Procedure Code, 1908, Section 152, 151, 11 -- Correction/amendment of decree - Res judicata - Application u/ss 152, 151 CPC is not maintainable filed after rejection of application filed u/s 47, 151 CPC raising same objection, being hit by res judicata...........
