Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101, Legal Services Authorities Act, 1987, Section 21, 22E -- Execution - Award of Lok Adalat - Executing Court can address questions which arise incidentally in the course of working out execution, such as whether and to what extent decree can be enforced against a particular person in possession and in what manner -..........
Civil Procedure Code, 1908, Order 3, Rule 4(2) -- Withdrawal of Vakalatnama - Advocate representing defendants had claimed no instructions but not sought withdrawal of his Vakalatnama - High Court without any justification went on to consider the procedure prescribed for withdrawal of Vakalatnama when neither withdrawal of Vakalatnama was permitted by Trial Court nor..........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Summoning of witness - In absence of pleadings, witness cannot be summoned to give evidence and additional evidence cannot be accepted...........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Summoning of witness - Person whose name is not mentioned in list of witnesses, may be summoned or recalled if party seeking said relief shows sufficient cause for the same...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining licensor/owner of property from terminating lease - Licensee cannot seek a pre-emptive injunction from termination of license - Only recourse available to licensee is to seek compensation for loss suffered but licensee cannot secure an order of injunction of termination of license by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Courts are restrained from injuncting licensor either from cancellation/termination of license or from evicting licensee after terminating license - Licensee is thus, protected against immediate eviction only if licensor has not exhibited due diligence in taking steps from evicting licensee after..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is a mixed question of law and fact and unless the same is patently and unequivocally clear, it cannot form a ground U.O.7.R.11 CPC for non-suiting a plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues in question were required to be examined on evidence and could not have been summarily rejected by High Court in exercise of jurisdiction U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Plaintiff failed to file any document such as a lease deed, rent agreement or any contemporaneous written acknowledgement to establish even a prima facie contractual tenancy - Mere production of a single entry from statement of accounts is insufficient to justify directing defendant..........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Parties are not ad idem on even foundational facts necessary to invoke O.39.R.10 CPC - Provision can be applied only where defendant admits either relationship or liability to pay a particular amount - However, there is no such admission and rather very nature of transaction,..........
