Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - First appellate Court should have taken a decision on stay application, as in first appeal all questions of facts and law are to be considered by first appellate Court, which is also the last Court of facts...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for permanent injunction - Plaintiff during pendency of proceedings transferred his interest in suit property to his sons, who were subsequently impleaded as co-plaintiffs - Transferees though not necessary parties would constitute proper parties, as adjudication in suit would be..........
Civil Procedure Code, 1908, Section 153 -- Amendment of execution petition - In the interest of justice amendment in execution petition is permissible...........
Civil Procedure Code, 1908, Order 21, Rule 22(1)Proviso -- Execution - Show cause notice U.O.21.R.22 Proviso CPC - Execution petition was filed within two years from the date of decree - It squarely falls under U.O.21.R.22(1) Proviso CPC - Executing Court was therefore competent to dispense with service of notice upon JD when execution petition filed within prescribed..........
Civil Procedure Code, 1908, Order 21, Rule 22(1)Proviso -- Execution - Show cause notice U.O.21.R.22 Proviso CPC - When execution petition falls within the ambit of O.21.R.22(1) Proviso CPC, O.21.R.22(2) CPC does not apply - Even when O.21.R.22(2) CPC is attracted, Court has discretion to dispense with notice if it records reasons for doing so, particularly if issuance of..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside order proceeding ex parte - Application to set aside order - Again non appearance - Court passing another `ex parte' order - An application U.O.9.R.7 CPC must be diligently pursued, otherwise ex parte order continues to stand - Trial Court's mistaken description of passing a fresh `ex parte' order does not cure..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - CPC does not permit a defendant to indefinitely defer filing a written statement merely because other defendants have not yet filed theirs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay alone is not a ground to deny amendment, when it facilitates adjudication of real controversy without prejudicing opposite party...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - After commencement of trial - Commencement of trial is not an absolute bar, where no prejudice ensues and where amendment helps clarify issues already arising from original pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought only to supply detail to facts that were already part of foundational pleadings and record - It does not alter the nature of suit - Plaintiff is yet to be cross-examined and defendants will have full opportunity to rebut amended pleadings - Application allowed subject to payment of costs..........
