Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Dismissal of application - A case is made out for an order of attachment U.O.38.R.5 CPC - Documents now placed before High court, were not produced before trial Court - Case remanded back for decision of application afresh and petitioners are at liberty to produce said documents..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Notice to defendant - Amendment was carried out after defendant was proceeded ex parte and apportionment of share in partition suit was claimed - In absence of any notice to defendant pleading would remain unchallenged, therefore substantial loss would be caused - Notice to defendant was required and in..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appeal u/s 96 CPC and an application U.O.9.R.13 CPC was preferred against ex parte decree - Right of defendant u/s 96 CPC cannot be taken away - Both appeal as well as application U.O.9.R.13 CPC would be maintainable...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay in filing appeal against ex parte decree - Ex parte decree though passed on 21.12.2021 and defendant received notice of same on 21.7.2022 - Consequently, appeal was filed with delay - Valid reasons have been assigned - Delay in filing appeal condoned...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Proceedings before trial Court are at fag end and plaintiff has already concluded her entire evidence while defence evidence is midstream - Defendants in main suit have already availed 10 opportunities and are also in the process of completion of their evidence - Even, proceedings under..........
Civil Procedure Code, 1908, Section 151, 152 -- Correction of sale deed executed pursuant to decree - Correction of Gut numbers - There was an error not only on the part of decree holder but also on the part of Executing Court - Court can issue necessary directions for correction of sale deed - Application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute relates to encroachment of public way - Considering dispute of width of public way, Nagar Parishad is a proper party - Application for impleadment of Nagar Parishad as party to suit rightly allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Misjoinder or non-joinder of parties - Can be a ground for rejection of suit ultimately but cannot be ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for cancellation of election - Clear and specific facts pleaded in the plaint in support of relief claimed by plaintiff in the suit - It cannot be concluded that it does not disclose a cause of action - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Section 21 -- Pecuniary jurisdiction - Objection as to - Appellant did not raise objection as to pecuniary jurisdiction of trial Court in first appeal - Even, there is no whisper of averment/contention as to how appellant suffered prejudice on account of lack of Pecuniary jurisdiction if any - Appellant not permitted to raise objection as to..........
