Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence of petition was closed by order of Court and subsequently application for permission to lead additional evidence to prove affidavit by examining witness was filled - Order whereby evidence of petitioner was closed by orders of Court has assumed finality as no revision was preferred against that order..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Limitation of one year to file application U.O.21.R.95 CPC for delivery of possession begins to run when sale becomes absolute and not when sale is confirmed - In the instant case High Court in revision granted stay of further proceedings in the execution petition - Revision..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Dismissal of application - Revision thereagainst - Not maintainable as order does not decide any substantial right between parties...........
Civil Procedure Code, 1908, Section 115, Order 16, Rule 1 -- Dismissal of application U.O.16.R.1 CPC - Revision thereagainst does not lie as such order does not qualify to be order which finally decides lis between parties...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1 -- Appeal - Order dismissing application U.O.20.R.18 R/W O.15.Rr.1, 2 and S.151 CPC - Appeal against such order is not maintainable, as order under appeal was passed on an interlocutory application for passing a preliminary decree and Court did not conclusively determined the rights of parties - Proper remedy is to..........
Civil Procedure Code, 1908, Section 115, Order 10, Rule 2 -- Order rejecting application U.O.10.R.2 CPC - Revision against the same is not maintainable, as said order is purely interlocutory in nature and is not a case decided within the meaning of S.115 CPC - It is thus open for judicial review, if necessary u/art 227 of the Constitution...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Dismissal of application - Revision against same is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Sale not become absolute or irrevocable - Pendency of application to set aside sale or appeal or revision against trial Court's decree till attained finality, right to liquidate mortgage debt by judgment debtor is available, as long as sale is not confirmed - Thus, right can be exercised even after dismissal of that..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10A -- Abatement of revision - Death of respondent no.4 - Substitution of Legal heirs - Death of respondent no.4 was not disclosed by her counsel in discharge of his liability U.O.22.R.10-A CPC - Such an information is recently furnished and only thereafter application for setting aside abatement and substitution..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order refusing to appoint local commissioner - Revision - Report of demarcation available on file and demarcation was done by Halqa Kanungo - Petitioner has options either to accept the demarcation or file objections to the report of local commissioner or to summon said Halqa Kanungo as a witness for his cross-examination -..........
