Civil Procedure Code, 1908, Section 11, 47, Order 21, Rule 97 -- Execution - Objections - Plea of fraud raised by defendants was available to them during trial and was in fact raised in objections during first execution - Said objections were dismissed - Permitting JDs to raise the same plea again in a second execution would violate the principle of finality of litigation..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - O.21.R.29 CPC confers a limited power which is discretionary and intended to prevent multiplicity where same parties are litigating in two proceedings - It cannot be used by JDs to stall execution of a decree already affirmed in appeal and second appeal - If JDs believe that they have an..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Additional evidence may be permitted where it is necessary for just decision of case, even if due diligence was not shown earlier, subject to compensating opposite party with appropriate costs...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents are material for determining title and possession of disputed property - Documents are official records and rejection of application has resulted in failure to consider documents crucial for adjudication of real controversy - Documents are not voluminous nor would their production prejudice..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Additional issues can be framed at any stage of case...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Additional issues cannot be made based upon arguments without any supporting documents...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issues regarding valuation and pecuniary jurisdiction of Court - Defendants who filed written statement had not raised issue of pecuniary jurisdiction and participated in proceedings - They have not produced any documents to substantiate that classification of land is not agricultural land and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Signature on summons not denied - Delay of 251 days in filing application for setting aside ex parte decree - Dismissal of application for not giving sufficient reasons - One opportunity must be given to petitioner to put forth his grievances before Court below - Ex-parte decree set aside..........
Indian Penal Code, 1860, Section 420, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Cheating - Quashing of proceedings - Matter is essentially of civil nature and is liable to be settled on the basis of evidence of parties in civil proceedings - No case of cheating appears to be made out against applicant - Criminal prosecution is nothing but an abuse of..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution during pendency of application U.O.9.R.13 CPC - Application for stay of execution has to be filed before Court where application U.O.9.R.13 CPC for adjudication, is pending...........
