Civil Procedure Code, 1908, Section 47, 151 -- Auction sale - Setting aside - Third party objection - Respondent No.1 neither a party to suit nor to the execution petition (EP) - Having participated in the auction unsuccessfully and having kept quite at that time, respondent No.1/third party is estopped from questioning the auction sale of EP schedule property by way of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Demarcation of suit land - Case is at final stage - No prayer regarding demarcation of suit land made by either party, while they were leading their evidence - Evidence of defendants was closed and they did not challenge the same - Defendants thus, had the opportunity but they did not avail the same at the..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Matter listed for arguments - Application sought for examination of certain witnesses by defendants after closure of their evidence - No specific averments in the application that defendants despite due diligent failed to examine and produce the witnesses while leading defendants evidence - More so, no new..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(f), 13 -- Restoration of plaint - Rejection of plaint U.O.7.R.11(f) CPC - There is no prohibition U.O.7.R.13 CPC that plaintiff can file only fresh suit and cannot seek restoration of plaint - Moreover, restoration application is totally silent about invoking any provision under CPC - Exercise of jurisdiction by..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Partition suit - Withdrawal sought on the ground that all the properties of family and other co-parceners as parties were not included in the suit - However, plaintiff has already availed the remedy of including other co-sharer as a party and also took steps for getting property included and..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW - Suit is at the stage of evidence - Certain contradictions in examination-in-chief of PW have been pointed out, after his cross-examination - It is always open for plaintiff to lead further evidence to prove his case by moving a proper application before Court concerned - Fact situation of case,..........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Rent and eviction - Absence of counsel - Denying opportunity of cross-examination - Ground for rejection of recall application was that unnecessary harassment to witnesses and absence of counsel who was travelling abroad - Right of cross-examination of material evidence on which fate of eviction petition..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Closure of evidence of defendant - Where defendant failed to challenge order closing evidence, he cannot be permitted to lead additional evidence...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Police protection - Decree for permanent injunction - Police protection allowed by executing Court - Order set aside by High Court - Application not liable to be dismissed merely for the reason that it was filed u/s 151 CPC and not U.O.21.R.32 CPC - Order allowing police protection cannot be set..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Admission of agreement to sell and consideration amount - However, there is serious dispute as to making payment as alleged - This dispute goes to the root of matter - Unless and until said dispute is resolved in favour of plaintiff, no decree for specific..........
