Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte order - Setting aside - Tribunal rejected application of petitioner on ground that despite knowledge of case pending against him he has gone to work at place `M' - Reason given by Tribunal is not justified as petitioner failed to contest proceedings before Tribunal due to communal clashes having taken..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Non filing of written statement - Defence struck off - Application u/s 151 for taking written statement on record - Plea that wife was ailing - However wife was not on leave from her employment throughout the same period - It shows the casual manner in which proceedings are pursued - Order dismissing application..........
Civil Procedure Code, 1908, Section 151 -- Suit for declaration and permanent injunction - Another suit for partition pending including parties to the present appeal - All the properties including the subject matter of appeal should be adjudicated in one suit though claimed by one party belonging to the family or/and its members and denied by the parties against each other..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Measurement of land within boundaries of plot - Court below dismissed the application for appointment of advocate Commissioner after consideration of evidence and material on record - This Court is not inclined to differ with order passed by Court below - However, defendant..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4 -- De-exhibiting of document - There is no provision for de-exhibiting a document which is already exhibited - However, mere fact that a document is exhibited does not mean that it has to be read in evidence or in other words it has 100% evidentiary value...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of injunction order - Three conditions must be satisfied for invoking power U.O.39.R.2-A CPC viz. : (i) there should be order of injunction; (ii) other party has knowledge about injunction order and: (iii) said injunction order is violated or disobeyed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of temporary injunction order - Proceedings U.O.39.R.2-A CPC are akin to contempt proceedings and are quasi criminal in nature - Higher degree of proof is required for holding guilty of violating order of temporary injunction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of temporary injunction order - Trial Court holding defendant guilty of violating order of temporary injunction - However, order bereft of any reasoning and there is no discussion regarding material on the basis of which trial Court reached to the conclusion - As higher degree of proof is required for..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Grant of police aid during pendency of application to set aside ex parte order - Court to first decide application to set aside ex parte order before embarking upon deciding police aid application - Impugned order set aside - Court to decide application to set aside ex parte..........
Civil Procedure Code, 1908, Section 151 -- Restoration of possession - Malice in law - Trial Court passed temporary injunction order restraining State from disturbing peaceful possession of plaintiff over suit property but the same was set aside in appeal - State took undue advantage of Appellate order and barricaded suit property and also prepared certificate of..........
