Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit cannot be disposed of merely on basis of compromise arrived at between some of parties, without consent of remaining parties...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Plaintiff failed to prove title of his vendor - He has also failed to prove that in the year 1967, defendants forcibly made opening in their western wall and took possession - Houses of defendants were located nearby as memorandum of partition - Water pipes/channels/outlets of defendants house..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Commissioner - It is discretion of Court to issue survey commission for identification of property in dispute if required for elucidating any matter in dispute...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Concurrent findings of fact have been recorded by two Courts below on the basis of pleadings, evidence and material on record that defendant no.1 was the owner and in possession of suit property - Defendant no.1 had executed registered sale deed of suit property in favour of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Petitioner was aware of proceedings, as he earlier filed application for setting aside ex parte decree and remained unrepresented - Application was dismissed for non-prosecution and eviction order was passed - Grounds taken for setting aside ex parte decree that he was not aware of ex parte..........
Civil Procedure Code, 1908, Section 152 -- Errors in description of suit property - Executing Court can change the boundaries of decreetal property...........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Prayer to file appeal as an indigent person rejected - Impugned order set aside as appellant not yet received the money under Motor Accident Claims petition - Secondly an enquiry was necessitated since nothing on record speaks of claimant having filed the claim petition as an indigent person -..........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Prayer to file appeal as an indigent person rejected - Impugned order set aside as appellant not yet received the money under Motor Accident Claims petition - Secondly an enquiry was necessitated since nothing on record speaks of claimant having filed the claim petition as an indigent person -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh one - Trial Court while allowing application has not recorded satisfaction that suit filed by plaintiff must fail by reason of some formal defect - There is also no finding that there are sufficient grounds for allowing plaintiff to institute a fresh suit - After a passage of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Typographical error - Admission in written statement cannot be withdrawn on the ground of typographical error...........
