Civil Procedure Code, 1908, Order 12, Rule 6 -- Application U.O.12.R.6 CPC dismissed for default - Subsequent application filed U.O.12.R.6 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Pendency of an application U.O.9.R.13 CPC does not by itself operate as a stay of execution of decree - Unless executing Court or appellate/revisional Court specifically stays execution proceedings, DH is entitled to pursue execution of decree...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - When operation of specific orders directing furnishing of bank guarantee and issuing conditional warrants of arrest were passed, there was no blanket stay granted on continuation of execution proceedings - Executing Court, therefore, was fully competent to proceed further with execution and to issue..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Once an application for stay U.O.39.Rr.1,2 CPC is filed along with appeal, it is incumbent upon Appellate Court to decide the same expeditiously, particularly where allegations of interference and breach of peace are raised...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Application pending before First Appellate Court since 2019, yet no decision has been rendered till date - Appeal has been adjourned from time to time merely on the ground that arguments are not being addressed, resulting in undue delay and prejudice to petitioners - Inaction of appellate Court for such..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Provisions relating to setting aside of an ex-parte order are to be construed liberally so as to advance cause of justice and afford an opportunity to parties to contest the matter on merits, rather than deciding the same ex-parte...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review petition cannot be used as a substitute for appeal or re-argument on merits...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Scope of review U.O.47.R.1 CPC is confined to cases where there is: (i) discovery of new and important evidence not within applicant's knowledge despite due diligence; (ii) an error apparent on the face of record; or (iii) any other sufficient reason analogous thereto...........
Civil Procedure Code, 1908, Section 115 -- Acceptance of cost - Revision petition cannot be entertained on merits against the same order in which cost was imposed...........
Civil Procedure Code, 1908, Section 60(1)(g) -- Exemption from attachment - Retirement benefits - Right of a wife or a minor child to maintenance supersedes the employee's right to claim exemption u/s 60(1)(g) CPC...........
