Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Issuance of warrants - Warrant of possession was issued 11 years after passing of decree - JD did not opt to file any objection/reply to petition for execution of decree - Argument raised by JD that issuance of warrant of possession was without providing opportunity of being heard to JD is..........
Civil Procedure Code, 1908, Section 35 -- Costs - Frivolous litigation - Once basis for which suit was filed was non-existent in favour of plaintiff and prima facie litigation was due to personal dispute, imposition of costs by Court cannot be treated as arbitrary, illegal or perverse or without any jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Execution petition cannot be rendered infructuous in the absence of objections having been filed at the instance of third party, even having purchased the suit property from JD prior to filing of suit...........
Civil Procedure Code, 1908, Order 21, Rule 35, Civil Procedure Code, 1908, Order 20, Rule 12, Civil Procedure Code, 1908, Order 7, Rule 3 -- Execution - Decree for possession and mesne profits - Description of property - Suit was in respect of Plot No.4/4 and mesne profits and damages were awarded in respect of said plot - Decree thus, not executable against adjacent plot..........
Civil Procedure Code, 1908, Section 35 -- Costs - Defendant permitted to file written statement subject to payment of cost of Rs.1000/- - However, defendant failed to deposit the cost and filed application to exonerate him from said cost or allow him to deposit cost by way of installment - Rejection of same by trial Court - Defendant now ready to deposit amount as per..........
Civil Procedure Code, 1908, Section 35(2) -- Costs - General rule u/s 35(2) CPC is that costs shall follow the event unless for good reason Court holds otherwise...........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - Joint complaint and complaint filed in a representative capacity - Where there are only "a few consumers" and not "numerous consumers" having same interest, they can join together and file a joint complaint - A joint complaint stands in contrast to a..........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - `Sameness of interest' is pre-requisite for an application U.O.1.R.8 CPC r/w S.35(1)(c) of Consumer Protection Act, 2019 - It is necessary for respondents to include in consumer complaint sufficient averments that would show sameness of interest...........
Civil Procedure Code, 1908, Section 35 -- Cost - Restoration of application dismissed for default - Non payment of costs - No time frame for payment of cost - It cannot be said that as cost was not paid/deposited, the proceedings cannot be restored back...........
Civil Procedure Code, 1908, Section 35, Order 7, Rule 14(3) -- Costs - Application U.O.7.R.14(3) CPC allowed and document directed to be taken on record on payment of cost of Rs.1,000/- - Cost was accepted by defendant - Imposition of costs only compensatory in nature to tide delay in proceedings - Acceptance of costs by defendant would not amount to waiver of right to..........
