Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Bald and vague allegations against defendants that they are indulging in acts of insolvency - However, plaintiff can get order of attachment against defendant, if acts of insolvency of defendant is pleaded and proved in some detail - Order of attachment causing hardship to defendants because their..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summons - Summons were ordered to be issued for respondent - Purpose contained in order was issuance of summons as required u/O.37.R.2 CPC subject to filing of process fee, copies of plain and documents - Admittedly, respondents were not served afresh in compliance with order - Held, that in veiw of interest of both parties,..........
Civil Procedure Code, 1908, Section 11, Order 12, Rule 6 -- Judgment on admission - Res judicata - Suit for possession - First appellate Court in his earlier judgment while remanding the matter to trial Court held that Delhi Rent Control (DRC) Act not applicable to suit premises - Defendant did not challenge the said judgment and it became final and binding on defendant -..........
Allotment -- Of Government orchards on lease to private persons - Validity - High Court while dismissing grants in favour of appellants not examined whether stated policy of State to lease out orchards to private persons on nomination on long term basis was in public interest or not, which was the subject matter of challenge in remanded writ petitions - More so, High Court..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction order - Extension of time to vacate - Defendant/tenant not assailing the judgment on merits, as he only wanted six months time to vacate the suit premises - However, when the defendant does not want to pay mesne profits as per the impugned judgment passed on merits, accordingly, there is no scope for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Restraint order sought restraining defendant from alienating to property to others - No privity of contract between plaintiff and real owner of suit property - Real owner of suit property cannot be restrained from transferring its property...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Auction sale - Objections - Respondents/objectors not in possession of suit property prior to passing of decree - Predecessor of respondents was party to sale certificate which respondents never challenged - Suit was duly contested by original defendants for a long period of 30 years - It cannot be said that..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Dismissal of suit U.O.11.R.21 CPC - Provision is directory and not mandatory - Dismissal of suit is to be only as a last resort when conduct of a party is either in wilful breach or contumacious - While considering whether conduct is wilful attempt to disregard order of Court resulting the trial of suit being arrested, the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining appellant from interfering peaceful possession and enjoyment of `A' schedule property - Plaintiff failed to show any semblance of evidence that he is in possession of `A' schedule property - Even on the contrary, plaintiff suffered adverse findings in this regard in his earlier..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Written statement was filed by authorized signatory - Resolution authorizing defendant to file written statement could not be placed on record - In order to avoid technical objection, placing on record the resolutions by way of additional evidence does not tantamount to withdrawing of admission for filing up..........
