Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - While allowing review application, there must be a speaking and reasoned order, which called for interference and therefore a reasoned order is required to be passed - Impugned order allowing review application being a cryptic and non-reasoned order, unsustainable and set aside...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Courts should adjudicate on all issues and give its findings on all issues and not to pronounce judgment only on one of issues...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application filed beyond prescribed time of 30 days - In absence of condonation of delay application order passed U.O.9.R.9 CPC either dismissing it or allowing it renders the order non-est...........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Ample opportunities given to plaintiff to produce her evidence in past 10 years - However, she remained negligent and irresponsible and utterly failed to produce her evidence - Order of closure of evidence of plaintiff is proper...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objections - Person including a stranger could maintain a petition U.O.21.R.97 CPC and get adjudication when he was to be dispossessed by Decree Holder...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objections by a stranger - Decree for declaration of title - Land of petitioner is different from land against whom decree has been passed in the suit - Prayer to declare right, title and interest over suit land concerning title suit does not arise, as execution of decree concerning title suit..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of earlier suit without liberty to file fresh suit on same cause of action - Bar of subsequent suit - Partition suit - Bar U.O.23.R.1(4) CPC would operate only against individual plaintiff and not against his successor in title, as they would have continuous cause of action - Subsequent suit held, not barred..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of earlier suit without liberty to file fresh suit on same cause of action - Bar of subsequent suit - Partition suit - Bar U.O.23.R.1(4) CPC will not apply to suit for partition, as cause of action in such a suit would be recurring one...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed in default - Mother of counsel for the plaintiff passed away due to illness and he also met with an accident and therefore he was unable to attend Court proceedings - Lenient approach should be adopted taking into submissions made by parties - One more opportunity is thus, granted to..........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Plaintiffs could not produce their evidence because his brother had suffered a paralytic attack and was treated in the hospital - Defendants refused to accept the cost in view of earlier order of Court, evidence could not be recorded - Interest of justice will be met if one opportunity is..........
