Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the stage of deciding application U.O.7.R.11 CPC, only contents of plaint are to be seen...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served with summons in the suit and he had made appearance through his counsel in 2016 - Thereafter, there is failure to file written statement and petitioner was set ex parte - Petitioner had an opportunity to file written statement after receiving summons in suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the time of deciding application for amendment of pleadings Court is not required to adjudicate upon plea proposed to be incorporated and is primarily required to consider as to whether amendments are necessary for determining real question in controversy...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate facts arising subsequent to filing of suit - Amendment sought cannot be said not necessary, inasmuch as, suit is for permanent injunction and thus, both the parties would make an endeavour to plead and to prove that they are in possession of property in question -..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - When an interim injunction is violated, proper and effective remedy is to move civil Court U.O.39.R.2-A CPC - Resorting to a writ petition u/art 226 of Constitution without exhausting the remedy before executing Court is impermissible, absent exceptional or extraordinary circumstance...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Police protection orders are not intended to operate as instruments for recovery of possession - Directing police to dispossess others and restore possession would, in effect amount to execution of a decree, which can only be sought in execution proceedings U.O.21 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Filed by transferee of decree - O.21.R.16 CPC enables transferee of decree to get decree executed and for such execution no express permission from execution Court is required...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Filed by transferee of decree - Notice to transferor/DH and JD is required calling for their objections and decide on objections if any raised - No separate application is required and execution Court can take such steps on the execution petition itself - Execution Court committed error in directing DH to proceed..........
Civil Procedure Code, 1908, Order 11, Rule 1(10), Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of additional documents - Commercial dispute - Financial statements that defendants want to place reliance upon were not disclosed at the time of filing written statement in Oct 2022 - Explanation that audited financial statements were concluded only in Dec 2023 was..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 466, 467, 468, 120B -- Quashing of FIR - Offence u/ss 465, 466, 467, 468, 120-B IPC - Civil suit preferred by complainant and others already stands dismissed - FIR has been registered after a gap of 16 years - Thus, continuation of proceedings emanating out of FIR are nothing but an abuse of..........
