Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction suit - Defendants had evaded to pay rent for rented premises since June 2013 to landlord so, this fact itself create cause of action - Fact that plaintiff holding title of ownership or not is the matter require deep evaluation by further evidence which will have to be adjudicated at the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Original petition is for divorce involving lives of both the parties and causing grave consequences - It ought to be decided on merits rather than ex-parte - Ex parte decree, set aside solely on said ground subject to payment of costs of Rs.2000 to be paid to husband by..........
Civil Procedure Code, 1908, Section 60(i), Order 21, Rule 48 -- Execution - Attachment of salary of Judgment Debtor - Executing Court while directing attachment of salary of JD failed to consider provisions of S.60(i) CPC, which specifically governs manner and extent of attachment of salary - Order of attachment of salary of JD, set aside - Executing Court directed to..........
Civil Procedure Code, 1908, Section 151 -- Filing of translated copy of an already exhibited document - Where a document already stands exhibited and a prayer is to place on record a translated copy thereof, there is no requirement of filing application to place on record translated version of document and all that Court has to ensure is that translated version is true..........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Rejection of application - No appeal lies thereagainst...........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Dismissal of application - Party aggrieved by rejection of review petition has to challenge the decree or order, as the case may be, and not the order of rejection of the review petition - However, in case review petition is allowed and the suit or proceeding is placed for rehearing then O.47.R.7(1) permits party..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata are applicable to different stages of same suit or proceeding...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier application U.O.1.R.10 CPC was rejected based on the pleadings of proposed implead petitioners that they are not necessary parties to suit - Since petitioners opposed their impleadment earlier, they cannot now agitate to come on record - Petitioners are not permitted to approbate and reprobate - They cannot..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Law as to: (i) O.21.Rr.84, 85 CPC are mandatory; deposit of one-fourth immediately and balance within fifteen days are pre-conditions to any valid confirmation; (ii) non-compliance with those provisions ordinarily renders the sale a nullity and triggers O.21.R.86 CPC consequences; (iii) subsequent..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Mere registration of a deed, if procured in consequence of a sale which was void for want of compliance with O.21 CPC, cannot retroactively confer validity on proceedings which were statutorily defective ab initio - Law does not permit procedural ratification to be manufactured by subsequent events when..........
