Civil Procedure Code, 1908, Order 22 -- Provisions of O.22 CPC are applicable even to appeals...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Wrong noting of date in diary - Due to devastating floods record in office of counsel got damaged - Even Court functioning was disrupted - Assertion of counsel for plaintiff that record in his office got damaged and same had to be reconstructed cannot be brushed aside, particularly in..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Exclusion of one property - Property in question is in exclusive possession of defendant no.13 - It is a long and continuous possession from the date of purchase in the year 1977 and 1983 - Mutation of records stands in the name of defendant no.13 - More so, claim of plaintiff in respect..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - There is no restriction or bar imposed with respect to stage of issuance of Commission - Commission can be issued if in view of Court, it is necessary for elucidating any matter in dispute...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner is a discretionary power - If Trial Court considers it necessary for elucidation of the matter in dispute by getting report of Advocate Commissioner, High Court would not interfere in such exercise of discretion of trial Court - Application rightly allowed...........
Civil Procedure Code, 1908, Section 73 -- Rateable distribution - U/s 73 CPC what is relevant is rateable distribution which stands for applying equity among DHs by distributing assets/sale proceeds by working out equity based on principles of rateable distribution with rateable sufferance...........
Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, Evidence Act, 1872, Section 90, Civil Procedure Code, 1908, Section 100 -- Suit for permanent injunction - Categorical findings recorded by trial Court that plaintiffs were able to establish their ownership over subject property, as same was purchased by..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC filed after inordinate delay of about 7 years after putting in appearance by defendant in execution proceedings - No reason offered by defendant for not filing application for setting aside ex parte decree for a period of almost seven years - Order..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Jurisdiction of Court - Recovery suit on the basis of dishonoured cheque - Cheque presented in Bank at place `C' and dishonoured - Dishonor of cheques at place `C' which is a part of the cause of action for plaintiff's suit would bring the suit within territorial jurisdiction of Court at place `C' - Order of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint allowed subject to payment of cost - Cost accepted - Once there is acceptance of cost, the same order cannot be challenged in appeal on different grounds...........
