Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant who suffered ex parte decree can simultaneously invoke two remedies i.e (i) by filing an application for setting aside ex parte decree U.O.9.R.13 CPC; and (ii) by filing an appeal u/s 96 CPC...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside by simultaneously filing application U.O.9.R.13 CPC and appeal u/s 96 CPC - Stay of appeal - Defendants filed application for stay of appeal after more than 2 years after filing appeal and application U.O.9.R.13 CPC - However, meanwhile plaintiff deposited balance amount of sale..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Where amendment does not constitute an addition of a new case, but amounts to no more than adding to facts already on record, amendment would be allowed even after statutory period of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - When there is an arguable question whether new relief claimed by plaintiff by way of amendment of plaint is barred by limitation, amendment can be allowed after saving question of limitation to be agitated and adjudicated in trial of case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and prohibitory injunction - Relief of mandatory injunction sought by way of amendment of plaint - Though averments in plaint are incomplete to seek a relief of mandatory injunction, it cannot be found that by proposed amendment, plaintiff seeks to introduce a totally new and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Dispute has traits of a civil dispute - Complainant cannot allege cheating or criminal breach of trust against petitioner on basis of agreement to sell - In fact petitioner was never a party to said agreement to sell - Application held, allowed subject to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13 -- Rejection of plaint - Dismissal of application - Eviction petition - Seeking rejection of eviction petition on ground that period of 10 years had not elapsed after completion of construction of building as provided u/s 1(3) of the Act - Tenant would be..........
Civil Procedure Code, 1908, Section 100, Delhi Rent Control Act, 1958, Section 50 -- Second appeal - Eviction petition - Jurisdiction of civil Court - Jurisdiction of civil Court to entertain any suit or proceeding is not barred u/s 50 of the Act if deceased was a statutory tenant and right of legal heir/s has expired - Thus, no question of law arises for consideration in..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution of decree - Sale of property - Upset price - Fixation - Property was originally fixed by Court at Rs.30,00,000/- - Upset price may be refixed on basis of valuation report relating to property filed by Advocate Commissioner in another execution petition - Value of entire property was assessed by Advocate..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution of decree - Sale of property - Extension of time - After passing of decree, petitioner had 11 months to pay decree debt but petitioner failed to do so - Nearly a period of 5 years has lapsed after passing decree against petitioner - No sufficient ground to grant her any further time to pay decree debt to respondent..........
