Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for declaration and permanent injunction - Suit property mutually partitioned by deed of family settlement between parties - Factum of family settlement not denied by defendants - Plaintiff not claiming an inch of land beyond what has fallen to his share - More so, defendants..........
Civil Procedure Code, 1908, Section 151 -- Striking off plaint u/s 151 CPC - Trial Court has no power to strike off plaint - High Court can strike off plaint either under Art.227 of Constitution of India or u/s 151 CPC - Trial Court can reject plaint if defendant makes out case U.O.7.R.11 CPC - When there is specific provision for striking off plaint or rejection of..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit when it was fixed for final arguments - Allowing application at this stage would amount to filling up lacuna or defect which occurred in the suit - Order rejecting application, upheld...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad-interim mandatory injunction - Against defendants for unlocking suit premises - Plaintiff purchased suit property 6 months prior to institution of suit in auction conducted by Bank under SARFAESI Act - He is also in possession of suit property, constituted undisputed and uncontested status thereof -..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Section 151 -- Production of documents - Reopening of case and recall of PW1 - Documents sought to be produced by plaintiffs are not relevant to prove issues in question - Moreover, proving said issues is on defendants and not on plaintiffs - Even..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Issue involved in earlier suit for declaration and subsequent suit for permanent injunction though not found either directly or substantially in issue - But relief in subsequent suit dependent on ultimate outcome in earlier suit - S.10 of the Act thus, has no application to case - However, further..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by defendants are plaint and order sheet of earlier suit - Said documents were well within knowledge of defendants but they did not bring the same on record by way of evidence at trial stage - Requisite condition as mentioned in O.41.R.27..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil suit - Simultaneous prosecution of civil and criminal proceedings - Provision of S.10 CPC is inapplicable, as it is not a case of two Courts of concurrent jurisdiction trying two parallel suits in respect of same matter in issue - Consequently, it was not open for High Court to bypass S.10 CPC by invoking S.151..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil proceedings - Simultaneous prosecution of civil and criminal proceedings - Both the proceedings are not arising out of identical set of facts - Scope of two proceedings are different - It is not a case involving complicated issues of law and fact, so as to embarrass the trial in either of proceedings - Even..........
Civil Procedure Code, 1908, Section 151 -- Withdrawal of appeal under mistake - Power to recall - Once it is established on record that statement made by counsel was under a mistake, which resulted into withdrawal of appeal, Court has power to recall the same - Appeal restored to its original number and to be decided on merits...........
