Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Suit for declaration of title - Concurrent findings of two Courts below dismissing suit of plaintiff - Entire evidences discussed and said findings are supported by reasons and further points have also been framed by both Courts below - There is thus, substantial compliance with provisions of O.41.R.31 CPC -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Partition suit - When a suit of partition is filed, it is incumbent upon plaintiff to make all interested persons as parties to suit - In case of failure on part of plaintiff to do so, interested persons are entitled to get impleaded as parties to suit for partition, at any stage...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Execution Court has to take note of objections raised by JD and deal with them on their own merits - Since executing Court failed to do so, order of Executing Court set aside - Matter remitted back to Execution Court...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 26, Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objections - Dismissal of application - Eviction decree - Petitioner resisting execution of decree by way of said application by taking up a ground which was not his defence before Rent Controller - Executing Court rightly held that..........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Right U.O.21.R.99 CPC - Is in favour of a person other than a judgment debtor...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment can be allowed prior to commencement of trial and not thereafter...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Admittedly, issues were framed - Landlord concluded his evidence - Tenant also filed his affidavit as his examination-in-chief in his affirmative examination and he has even cross-examined..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Delivery of possession - Police assistance - Absence of any order of Court for providing police assistance - Providing police assistance without any Court order is completely unjustified - However, at this belated time, Supreme Court declined to order further enquiry into this aspect of the matter - However,..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Consent decree - Principles of res judicata do not apply to a consent decree, as consent decree is not a decision of Court and S.11 CPC is thus, not attracted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 380 -- Quashing of proceedings - Offence u/ss 448, 380 IPC - Issues raised reflect a civil dispute with regard to inheritance amongst legal heirs - Civil proceedings in that regard are already instituted by various parties including complainant - Even otherwise, entire allegations with regard..........
