Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Executing Court is not obligated to decide all frivolous objections by way of following proper procedure of framing issues and then allow parties to lead evidence - Such objections can be rejected summarily - More so, resistance at the instance of a person having no locus should be..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar to subsequent suit - Agreement to Sell - Suit for specific performance - Since agreement to sell was admitted and delivery of possession was also willingly given, therefore the suit for permanent injunction was not available at that point of time especially in view of the fact that the trial court has taken..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournments - Provision of O.17.R.1 CPC are not mandatory in nature, yet suit having been adjourned thrice, for any further adjournment not only a sufficient cause as envisaged U.O.17.R.1 CPC, but a justifiable cause must co-exist...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Dismissal of suit on account of plaintiff failed to adduced any evidence - Plaintiff was granted as many as eight effective opportunities including last opportunity and even subject to costs - However, plaintiff failed to lead any documentary or oral evidence in support of his claim - Plaintiff was guilty of deliberate and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Claim petition under Motor Vehicle Act - Claimant has right to sue any of negligent person because he can recover full amount of damages from either of parties - Persons who are sued are not to insist on having others joined as defendants and right of claimant cannot be defeated on the ground that..........
Indian Penal Code, 1860, Section 420, 468, 471, 323, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cheating - Prima facie neither any offence of cheating nor preparation of any forged documents is disclosed against accused - Predominately, dispute between parties appears to be civil nature which is being adjudicated in civil suit filed by..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Third party objections - Third person is not entitled to file an application U.O.21.R.97 CPC, as said application may be filed by a DH in event of execution of decree is resisted or obstructed by any person obtaining possession of property...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Third party objections - Where Executing Court, without going into merits, declines to adjudicate upon lis between parties under O.21.R.101 read with Rule 97 and Rule 98 CPC on the ground of non maintainability of the application, such order passed by executing court can not be deemed to be a decree..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of memorandum of appeal - Mere fact that amendment sought would delay proceeding, cannot be a valid or cogent ground for rejecting application for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of memorandum of appeal - Application U.O.41.27 for additional evidence already allowed - Amendment sought merely to substantiate pleadings with regard to additional evidence already permitted to be brought on record by Appellate Court - Application cannot be rejected only on ground that it would delay proceedings -..........
