Civil Procedure Code, 1908, Order 9, Rule 7 -- Application U.O.9.R.7 CPC - Not maintainable on the date when the case was fixed for delivering the judgment - In such cases, remedy is to wait for delivery of judgment and file application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - U.O.9.R.13 CPC, it is evident that an ex parte decree can be set aside if the cause for non-appearance is shown to be sufficient...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession on the basis of title - Trial Court decreed the suit - However, first appellate Court dismissed the suit on its own by setting up a new case by holding defendants to be tenants - Appellate Court could not travel beyond the pleadings of parties - Impugned order of First appellate court set aside..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Issuance of conditional arrest/warrant - Warrant of arrest has been issued against JD as he failed to put in appearance in execution proceedings - Detention in civil prison in execution of a decree is the last resort and before that an endeavour should be made for satisfaction of decree - Purpose of issuance of..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Appellant's name is recorded to record of rights of suit property - He was not made party to suit and in his absence, said property cannot be partitioned - It is patent illegality in the impugned judgments and decrees of both the Courts - As regarding defence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Proper framing of issue is a sine qua non for the purpose of a proper trial...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Once a document is already admitted in trial Court and has not been challenged by opposite party at that time, its admissibility cannot be taken into consideration by Appellate Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration filed by Society through its secretary - Death of Secretary - Death of Secretary informed to Court - Trial Court on the same day was not justified in rejecting the plaint - Trial Court should have followed the procedure prescribed U.O.22.R.10-A CPC...........
