Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Tenant sought amendment by incorporating subsequent events occurred during pendency of appeal without specifying exactly when these alleged subsequent events have taken place - Subsequent event pleaded in application was not of such nature which obliterated the..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Appellant was not present on the date when case was called, therefore appellate Court dismissed the appeal - However, in a case on a particular fixed date of hearing, if appellant or his counsel do not appear then also Court committed error in dismissing the case..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding application U.O.41.R.27 - Impugned judgment and decree set aside - Matter remitted for decision afresh in appeal alongwith application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5, Order 43, Rule 1(c) -- Composite application U.O.9.R.9 & S.151 CPC and S.5 Limitation Act - Rejection of said application - Appellate Court held that order passed amount to an order passed U.O.43.R.1(c) CPC and appeal thereagainst is maintainable - There is no order on merits of the..........
Civil Procedure Code, 1908, Section 151, 89 -- Private out of Court settlement - Refund of Court fee - Private out of Court settlement by parties during pendency of appeal - Appellant is entitled to refund of Court fee...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Title suit filed by plaintiffs dismissed and title of property in favour of defendants has already upheld - However, appeal filed by plaintiffs against such dismissal of suit is pending - Balance of convenience is in favour of defendants, as title and possession of suit property has already..........
Civil Procedure Code, 1908, Section 151, 96 -- Correction of decree - Partition suit - Appellate Court corrected share of plaintiff in decree of trial Court - Even if there is no particular prayer for such correction, appellate Court can correct the same, as appeal is merely an extension of original proceedings in suit - Moreover, in case of partition suit, any party could..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of application - While dismissing application no opportunity was granted to petitioner to challenge the same since the final judgment was passed on the very same date - Approach adopted by appellate Court has led to serious miscarriage of justice - Denying a..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 22 -- Conversion of appeal into cross-objections - There is no specific provision to convert an appeal into cross-objections - But there is equally no specific provision barring such conversion - There is thus, a legitimate case for invoking provision of S.151 CPC and ordering such conversion...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100, 151 -- Condonation of delay - Delay of 1889 days in filing second appeal - Suit for declaration and permanent injunction - Delay in the case is more than 5 years - No satisfactory or plausible explanation rendered, which might have been taken into consideration to condone delay - Moreover,..........
