Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Executing Court while deciding application u/s 47 r/w S.151 CPC, cannot question merits, correctness, validity or propriety of decree, particularly when all grounds raised u/s 47 CPC stood adjudicated in first appeal as well second appeal...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Executing Court cannot go beyond decree and is bound to execute it as it stands, unless it finds that decree is in-executable, void or incapable of enforcement...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Status quo order - Disobedience - Petitioner failed to prove by leading any convincing evidence that construction was raised by respondents after passing of order of status quo - There is thus, no violation of status quo order - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151 -- Recall of order passed with consent of both the parties - Order cannot be interfered...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Cases are clubbed and consolidated in order to avoid multiplicity of recording evidence etc. as also adjudication in isolation of one lis which may have bearing on the other lis...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Third party objections - Decree for specific performance - Relief sought for by petitioner is the same relief which was earlier sought by him in suit for declaration and in application for temporary injunction which already stood rejected on merits - Even, other siblings of..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC has to be considered along with main appeal at the time of adjudicating main appeal...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Proclaimed offenders - Mere fact that respondents being declared as proclaimed offenders, appearance and examination through video conferencing would not bar criminal proceedings as per criminal law - Application rightly allowed...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Respondent Nos.2 and 3 are residents of Canada - Respondent No.2 is presently in vegetative state and respondent No.3 being his son is to take care of his father - It is not practically possible for both of them to come physically in India for their..........
Civil Procedure Code, 1908, Section 151, Order 3, Rule 2 -- Examination of plaintiff, who is 80 years lady, through her special power of attorney but at the same time she is directed to appear in person for the purpose of cross examination - In case special power of attorney is unable to answer any question, which is in the specific knowledge of plaintiff then it is..........
