Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit - Plaintiff filed suit of eviction by claiming title through a sale deed - Defendant after institution of present suit filed a suit for declaration that sale deed was void - Court of Small Causes is a Court of limited jurisdiction and its judgment and decree based on landlord tenant relationship is always subject..........
Court Fees Act, 1870, Section 13, Civil Procedure Code, 1908, Section 151 -- Refund of Court fee - Withdrawal of suit with liberty to file a fresh suit - Court cannot exercise inherent power to refund Court fee, as S.13 of Court Fee Act or inherent power cannot be invoked for refund of Court fee when suit is being withdrawn after a full-dressed trial before trial Court -..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Allowing additional evidence that too after closure of evidence by orders of Court, which otherwise attained finality - Not permissible under law - Rather, it amounts to allowing of rebuttal to rebuttal evidence, which is unheard of in judicial circles...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), 11(4)(iii), 23(1)(j) -- Amendment of Pleadings - Rent and Eviction - Subsequent events - If grounds were not available on date of filing of petition, it will not fall under "defect" or "error" contemplated u/S.23(1)(j) of Act - If the..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(1)(j) -- Amendment of Pleadings - Rent and Eviction - Grounds available for amendment u/O.6.R.17 of CPC is more wide than grounds provided u/S.23(1)(j) of Act - But in view of rigour u/S.23(1)(j) of Act such grounds available u/O.6.R.17 cannot be..........
Civil Procedure Code, 1908, Section 148, 151 -- Extension of time to deposit arrears of mesne profits - Delay occurred due to bona fide and inadvertent mistake of counsel in furnishing wrong Bank account number - Extension of time to deposit amount granted...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Both plaintiff and defendant are in equal shares of property - Defendant is wife of plaintiff and plaintiff already directed to provide residence in shared household to his wife/defendant in petition u/s 23 of PWDV Act filed by her - In such situation granting of injunction in favour of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Cannot be granted without discussing the essential elements of prima facie case, balance of convenience and irreparable injury...........
Civil Procedure Code, 1908, Section 151 -- Inherent powers of Court - It is in addition to and complimentary to powers expressly conferred upon Court - Such powers can be exercised to serve the ends of justice but not to be exercised in derogation of express provisions of law...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 14, Evidence Act, 1872, Section 114 -- Plaintiff not appearing as his own witness - Defendant cannot compel plaintiff to examine himself as a witness - It is prerogative right of plaintiff to examine any witness - However, defendant can insist upon Court to draw adverse inference for non examination of plaintiff as..........
