Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution during pendency of application U.O.9.R.13 CPC - Application for stay of execution has to be filed before Court where application U.O.9.R.13 CPC for adjudication, is pending...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay in filing appeal - Unless and until, delay in filing an appeal is condoned, appeal cannot be decided on its merits...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Delay of 44 years in filing appeal - Whenever a time barred appeal is preferred, an application u/s 5 of the Act is required to be filed along with such time barred appeal and if no separate application is submitted, then reasons of delay are required to be discussed in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Contradictory findings were given by two Courts below which are certainly not sustainable and are liable to be set aside - Finding of Courts below held, set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Plaint cannot be rejected on the ground of bar U.O.2.R.2 CPC, as whether a suit is barred by provisions of O.2.R.2 CPC, is to be established by leading cogent evidence and cannot be presumed merely on basis of inferential reasoning...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Unless petitioner pleads bar U.O.2.R.2 CPC in his written statement and an issue in this regard is framed and adjudicated upon, it is not possible without any evidence to conclude that suit is barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the stage of deciding application U.O.7.R.11 CPC, only contents of plaint are to be seen...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served with summons in the suit and he had made appearance through his counsel in 2016 - Thereafter, there is failure to file written statement and petitioner was set ex parte - Petitioner had an opportunity to file written statement after receiving summons in suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the time of deciding application for amendment of pleadings Court is not required to adjudicate upon plea proposed to be incorporated and is primarily required to consider as to whether amendments are necessary for determining real question in controversy...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate facts arising subsequent to filing of suit - Amendment sought cannot be said not necessary, inasmuch as, suit is for permanent injunction and thus, both the parties would make an endeavour to plead and to prove that they are in possession of property in question -..........
