Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Decree for injunction restraining defendant from interfering with use and possession of plaintiffs - Application U.O.21.R.32 CPC is vague, as no details of interference in possession of plaintiffs were given - Executing Court allowed the application without properly appreciating the controversy -..........
Easements Act, 1882, Section 15 -- Easement by prescription - Right of pathway - Plaintiff failed to establish through oral and documentary evidence that he has acquired right over suit pathway by way of easement by prescription - He has suppressed the fact that he is having alternative pathway to reach P3 land - Therefore, there is no necessity for plaintiff to use..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Signature on summons not denied - Delay of 251 days in filing application for setting aside ex parte decree - Dismissal of application for not giving sufficient reasons - One opportunity must be given to petitioner to put forth his grievances before Court below - Ex-parte decree set aside..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that decree is illegal, null and void and not binding upon rights of plaintiff and same is liable to be set aside as decree is obtained on the basis of forged signatures - No family settlement was brought on record on the basis of which judgment and decree was passed - Once plaintiff had not signed the plaint..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Contradictory findings were given by two Courts below which are certainly not sustainable and are liable to be set aside - Finding of Courts below held, set aside...........
Indian Penal Code, 1860, Section 420, 468, 471, 511, 34 -- Cheating - Forgery - Allegation that appellant tampered the documents in question in order to secure admission in BSW Part III course - However, passing of alleged document through the hands of several persons before it was detected as forged renders unsafe to arrive at a conclusion that appellant had authored the..........
Indian Penal Code, 1860, Section 420, 468, 471, 511, 34 -- Cheating - Forgery - Documents in question were stamped by college authorities and passed through administrative scrutiny - In the absence of evidence that appellant had dishonest intention to either make false document or knew of its falsity while submitting it, mental status or mens rea remains unproved -..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served with summons in the suit and he had made appearance through his counsel in 2016 - Thereafter, there is failure to file written statement and petitioner was set ex parte - Petitioner had an opportunity to file written statement after receiving summons in suit..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Filed by transferee of decree - Notice to transferor/DH and JD is required calling for their objections and decide on objections if any raised - No separate application is required and execution Court can take such steps on the execution petition itself - Execution Court committed error in directing DH to proceed..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Impugned order of allowing review petition has not adverted to an error apparent on the face of record, but has taken up an error on re-appreciation of case and counter case of parties - Review order records a few findings extending far beyond actual working out of prayers in a suit for partition - Order..........
