Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Scientific expert - Power to seek expert opinion is discretionary and cannot be claimed as a matter of right...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Scientific expert - Comparison of signatures and thumb impressions - Mere denial of execution of documents does not automatically mandate comparison through an expert, particularly when documents relied upon is already part of record and matter is yet to proceed to final adjudication - Application rightly..........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Summons were duly served on the address given by appellants lawyer - Procedure prescribed U.O.37 CPC was adhered to - O.37.R.4 CPC is very categorical that power enshrined therein has to be exercised only on special circumstances - No special..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Mere filing of an appeal cannot and does not operate as a stay of order appealed against - So, merely because order of injunction has been challenged before higher forum does not ipso facto mean that order of appealed against no longer exists, unless of course an order of stay..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3 -- Application to examine LR of deceased plaintiff as a witness - Application dismissed on the ground that petitioner was impleaded as LR at the stage of defendant's evidence and evidence of plaintiff was already closed - However, since valuable rights of petitioner are involved in the case, it would be in the..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Merely on account of the fact that husband did not produce any oral evidence to support his application U.O.9.R.13 r/w S.151 CPC would not be the only ground to non-suit him, more so when facts of case are conspicuous to infer that..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Manifest and explicit difference in writing as well as use of pens while mentioning endorsement of `receiving summons and copy of petition' as well as in writing and pen used for signatures allegedly shown to be of husband - When..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Re-appointment - To discredit the demarcation report, fresh appointment of a Local Commissioner is not required as permitting repeated re-appointments would lead to a never-ending process with each party seeking afresh demarcation whenever an adverse report is received...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Re-appointment - Issue as to whether Local Commissioner's report is in accordance with law and can be relied upon or not - Proper course available to petitioner is to file objections to report of Local Commissioner rather than seek re-appointment of revenue authorities for conducting a fresh..........
