Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - While deciding such application, Court touching upon merits of suit - Trial Court exceeded its jurisdiction, rather exercised jurisdiction not vested in it by touching upon merits of suit while deciding application seeking implementation of its order - Impugned order set aside...........
Civil Procedure Code, 1908, Section 151 -- Witness not cross examined despite grant of sufficient opportunities - One more opportunity granted to give quietus to the litigation...........
Civil Procedure Code, 1908, Section 60 -- Execution - Salary - Only 1/3rd of salary can be attached - Order attaching entire salary, held, illegal and unwarranted in law and same set aside to that extent...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of encroachment to an extent of 20 guntas sought to be amended by 30 guntas - Question of alleged encroachment and extent of alleged encroachment are issues to be decided at the stage of final disposal of suit - At the time of considering application for amendment, merits of proposed amendment..........
Civil Procedure Code, 1908, Section 151 -- Ex parte decree - An aggrieved party has right to get ex parte judgment and decree set aside u/s 151 CPC...........
Criminal Procedure Code, 1973, Section 156, 482 -- Transfer of investigation to agency outside State - Special Investigating Team headed by DSP already constituted - Investigation still pending - Civil suits with respect to same dispute are also pending - In these circumstances, Court does not find any good ground to transfer investigation as prayed for - Even otherwise,..........
Civil Procedure Code, 1908, Order 22, Rule 4A -- Death of defendant - Defendant No.2 died issueless - Benefit of O.22.R.4-A CPC rightly given to plaintiff...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendants - Defendant Nos. 1 and 3 died and had neither put in appearance nor had filed any written statement - Plaintiffs thus, entitled for allowing of their application giving benefit of O.22.R.4 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Additional evidence at appellate stage - Provision of O.41.R.27 CPC is applicable to appeal filed u/s 108 r/w O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Section 108, Order 43, Rule 2 -- Appeal - Expression `so far as may be' used in O.43.R.2, S.108 CPC has always been construed to mean that provisions may be generally followed to the extent possible...........
