Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Defendants failed to prove that disputed rooms/shops were constructed by their father with the consent of plaintiff - No right was given to father of defendants to construct rooms over properties owned by plaintiffs - Therefore, in view of S.8 of T.P.Act, disputed..........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption from attachment - Exemption provided u/s 60(1)(c) CPC is not applicable to a charge decree or to a decree where there is a statutory charge, over the property...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Sale - It is necessary to sell only the portion of property which is necessary for satisfaction of decree and a duty is cast upon Court U.O.21.R.64 CPC to ensure said compliance...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 10 years 8 months in filing appeal - Appellate Court condoned the delay without giving notice to plaintiff and without hearing him - Proper procedure for appellate Court to not admit condonation application but to keep it pending and issue a notice upon other side to..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Legal Services Authorities Act, 1987, Section 21 -- Compromise decree passed by Lok Adalat - Decree alleged to be result of fraud practiced by defendants - Terms of decree cannot be avoided unless allegation of fraud is proved - In absence of any conclusive proof as to fraud on the part of objectors, High Court committed..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Both the parties placed reliance on agreements, which are in their possession - Correctness and genuineness of those document requires evidence - Status quo order rightly passed and calls for no interference...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Execution of agreement was disbelieved by both the Courts below and have noticed that agreement in question is suspicious - Moreover, plaintiff cannot be held entitled for specific performance of agreement considering his conduct of delay of 30 years and other attending circumstances..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Additional documents - A party not to be deprived to file documents even if there is some delay as it will lead to denial of justice - If there is delay, Court to impose costs rather than to decline production of documents...........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Written statement - Once an ex parte decree is set aside parties are relegated to the stage at which they were proceeded exparte and not earlier to that - When the matter before High Court was an order condoning delay and setting aside ex parte decree then observation of High Court..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioner - Summoning of Court Commissioner along with his instruments to make actual demonstration about the procedure followed by him in conducting the survey - Provision does not permit any of the parties for such demonstration - If any of the party is not satisfied with the survey report submitted by the..........
