Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Application rejected by trial Court on the ground that no reason has been given as to why documents could not be produced earlier at the time of filling of suit - Trial Court is proceeding in a totally unjustified and hasty manner without making any real effort to afford due opportunities to parties..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Inadvertent omission in the memo of parties - First appellate Court has erred in failing to notice that there was only an inadvertent omission in the memo of parties prepared by trial Court - However, First appellate Court could have either itself ordered the correction memo of parties of trial Court or directed..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Petitioner was aware of proceedings, as he earlier filed application for setting aside ex parte decree and remained unrepresented - Application was dismissed for non-prosecution and eviction order was passed - Grounds taken for setting aside ex parte decree that he was not aware of ex parte..........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Prayer to file appeal as an indigent person rejected - Impugned order set aside as appellant not yet received the money under Motor Accident Claims petition - Secondly an enquiry was necessitated since nothing on record speaks of claimant having filed the claim petition as an indigent person -..........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Prayer to file appeal as an indigent person rejected - Impugned order set aside as appellant not yet received the money under Motor Accident Claims petition - Secondly an enquiry was necessitated since nothing on record speaks of claimant having filed the claim petition as an indigent person -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh one - Trial Court while allowing application has not recorded satisfaction that suit filed by plaintiff must fail by reason of some formal defect - There is also no finding that there are sufficient grounds for allowing plaintiff to institute a fresh suit - After a passage of..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Agreement to sell executed in favour of DH during the pendency of suit for specific performance filed by petitioner - Same is thus, governed by principle of lis pendens - Petitioner has a prior/preferential right over the property as agreement to sell in his..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree set aside on the basis of statement of registered power of attorney holder of plaintiff - Application by plaintiff to set aside such order as being the result of fraud played by power of attorney holder - Such assertion denied by defendant - In such circumstances, it was..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Writ petition - Necessary party - Concept of necessary party in a purely Civil Suit and a Writ Petition cannot be one and the same - Scope of necessary party in a Writ Petition is much wider than in the Civil Suit - Persons to be vitally affected by order to be passed by Writ Court are necessary..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Writ petition - Necessary party - Persons to be vitally affected by order to be passed by Writ Court are necessary parties...........
