Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - High Court cannot sit in appeal over its judgment while exercising power of review - Since there is no error which is self evident in the impugned judgment, no case is made out for review - Review petition dismissed...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Partition suit - Application filed when the matter was fixed for final arguments - Reasons stated in application for delay in filing it, not satisfactory - Most of the documents sought to be placed on record are ante dated filing of written statement and no good reason has been assigned in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Interim relief should not be granted in mandatory form, but if exigency so warrants, Court is not incompetent to grant such relief in mandatory form...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Plaintiffs have been deprived by defendant of only way available to them to approach their residential accommodation - Court below thus, rightly directed defendant to remove obstacle in only approach way available to plaintiffs - Application rightly allowed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree - Executing Court before passing an order U.O.21.R.32 CPC, is required to record a finding that JD has wilfully disobeyed decree and in the absence of said material, Executing Court is left with no choice but to dismiss execution petition ...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons sent, to address at Chennai, received back as `Unclaimed' as defendants are staying in USA - Court ordered substituted service by newspaper publication - Defendants deposited entire decretal amount to show their bona fides - One opportunity must be given to defendants to defend suit -..........
Civil Procedure Code, 1908, Section 17, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - One of properties in respect of which relief is claimed is located at place `D' - In terms of S.17 CPC, suit has been validly instituted before Court at place `D'...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Jurisdiction - Return of plaint - For deciding an application U.O.7.R.10 CPC, Court has only to see the averments made in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - There cannot be a partial rejection of suit under provisions of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Factum of filing of C.A. No.147/2020 by defendant No.7, suppressed by plaintiffs - Concealment by itself not a ground for rejection of plaint U.O.7.R.11 CPC...........
