Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Failure to fix upset price - Shall be one of the grounds to vitiate sale and JDs can rely on same to set aside sale U.O.21.R.90 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 54, 64, 66 -- Auction sale - Method of sale - Upset or reserve price is a usual and conventional practice, setting out bench mark from or above which bid should be offered - It is thus, lowest or minimum sale price of property in an auction fixed by executing Court - Upset price shall be determined upon an objective consideration..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Irregularity in sale - Four bidders present but bid was offered by only three bidders, who participated in auction - The way in which bid went on as per bid list, is a clear indication that there was a farce as an auction - It did not reflect any competitive bidding among bidders - Sale so..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleadings in plaint to be examined, while considering application for rejection of plaint - Court cannot look into defence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - On the ground of limitation - Suit for declaration, permanent injunction and joint possession - Defendant has failed to fulfil requirements of O.7.R.11 CPC - Question of limitation is a mixed question of law and fact and therefore, its decision would depend upon evidence to be led by parties - As..........
Civil Procedure Code, 1908, Section 35 -- Costs - Suit for specific performance - Suit was filed in the year 2006 but at that time co-sharers of defendants were not made party to suit - They were made party in 2007 - Agreement to sell suggest that plaintiff shall pay an amount of Rs.35 lakhs to defendants who in turn purchased property from co-sharers or obtain consent..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of documents - Documents admitted in evidence without objection - Objection that documents are irrelevant and inadmissible raised at the stage when case was posted for arguments - Court can exercise its discretion U.O.13.R.3 CPC at any stage of the suit to reject any document which it considers irrelevant or..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of documents - Documents admitted in evidence without objection - Objection that documents are irrelevant and inadmissible raised at the stage when case was posted for arguments - Since the documents are already marked on admission of parties, the same cannot be demarked at this stage without considering the..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Leave of Court - Plaintiff can be permitted to file rejoinder to explain additional facts which was incorporated in written statement even though same were not mentioned in application seeking leave to file rejoinder...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Objections to attachment - Dismissal in default - Restoration - Condonation of delay - Delay of 3-1/2 years - Material on record that plaintiffs had knowledge about order dismissing objections in default - Application for restoration of objections rightly rejected...........
