Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Violation - Except self serving statement of petitioner there is no other evidence to prove the allegations - For want of corroboration to version of petitioner, executing Court found evidence insufficient to indict respondents - Order upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration that sale deed is null and void and recovery of possession - To decide validity of sale deed and to decide title of plaintiff, physical features of property need not be noted down - Further, Advocate Commissioner is not entitled to give any finding with regard to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - Primary onus lies on DH to show that JD has willfully disobeyed the conditions of decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - DHs had failed to establish violation of compromise decree by JDs - Burden of proving violation of decree rests squarely on DHs - In the absence of cogent proof of such violation, execution cannot be sustained - Burden of proof, which lay upon DHs, had not been discharged - Executing..........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint U.O.7.R.11 CPC decided lis finally and would tantamount to a decree within meaning of S.2(2) CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 13(1A) -- Order rejecting plaint - Appeal thereagainst - Appeal u/s 13(1-A) of Commercial Courts Act is maintainable against order rejecting plaint...........
Civil Procedure Code, 1908, Section 151 -- Recall of order passed with consent of both the parties - Order cannot be interfered...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 9, Rule 4 -- Application U.O.9.R.13 CPC - Dismissal in default - Appeal thereagainst not maintainable - Proper remedy available is to file an application U.O.9.R.4 CPC for restoration of application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If a plaint has missing or deficiency of facts on basis of which a given cause of action intended to be agitated can be said or assumed to be constituted, then a plaint is rejected on Court's own indulgence or on asking of a defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If the facts put up in a factual statement in plaint are presenting or introducing a cause of action, then a civil Court has no discretion reserved to it to reject such a plaint by borrowing outside reference, howsoever persuasive it may be, from defendant's end to discredit a plaint and factual..........
