Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Status quo order cannot be granted by exercising power u/s 151 CPC, when there is express provision provided under CPC...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14 -- Late production of document - Reference of document sought to be produced has been made in pleadings - Document permitted to be taken on record subject to payment of Rs.25,000/- as costs - Application allowed...........
Civil Procedure Code, 1908, Section 151 -- Recall of order - Power u/s 151 CPC can be invoked to do real and substantial justice with parties to the lis...........
Civil Procedure Code, 1908, Section 151 -- Recall of order - Quashing of order granting probate of Will - Order granting probate is a beneficial order for applicants - Applicants were not party in appeal - Order of granting probate has been quashed behind the back of applicants merely on basis of consent given by executor of Will - Applicants were required to be heard..........
Civil Procedure Code, 1908, Section 151 -- Inherent power - Provision of S.151 CPC is applicable if there is no alternate remedy available in accordance with existing provisions of law - Such inherent power cannot override statutory prohibitions or create remedies which are not contemplated under the Code - S.151 CPC cannot be invoked as an alternative to filing fresh..........
Civil Procedure Code, 1908, Section 151 -- Final partition decree - Cannot be recalled u/s 151 CPC when alternative remedy of appeal exits - High Court erred in exercising its jurisdiction u/s 151 CPC recalling final decree rather than directing respondents to pursue effective alternate remedies under law...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness on the ground that some material questions remained to be put to witness - Application bereft of any reasons as to why and what questions remained to be put to the witness - Such application is nothing but an endeavour to fill in lacuna in the evidence - Application cannot be allowed merely..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of eviction petition - Landlord by way of amendment sought additional prayer to the effect that vacant possession of suit property may be handed over to him - Such additional prayer will only clarify prayer clause of landlord without any prejudice to tenant - Application allowed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary mandatory injunction for restoration of electricity connection - Plea of outstanding dues - Property purchased in auction - In sale certificate no encumbrance was shown - Injunction rightly granted in favour of plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants raised the ground that summons of suit were served on defendant no.2 who is mentally retarded and could not intimate regarding service of notice of suit upon defendants - However, defendants failed to produce a single document so as to show and suggest that defendant..........
