Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Proof of service of summons is essential condition for proceeding ex-parte against concerned defendant - It was incumbent on part of trial Court to examine Process Server and witnesses of refused notice/summon on oath...........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - Ex parte decree passed in second appeal - No document to show that applicants were aware about listing of case - Even Court had not issued any SPC to respondents in view of absence of their counsel - Applicants have shown sufficient cause that prevented them from appearing before Court in second appeal..........
Constitution of India, 1950, Article 226 -- Writ appeal - Locus standi - Person aggrieved having locus standi to prefer an appeal would be one who is directly affected or impacted by a judgment, order or decision even though same does not directly require him to do something or one who being a party to a suit, is adversely affected by decree - To file an appeal such a..........
Civil Procedure Code, 1908, Section 152 -- Amendment/correction of decree - When error in decree was being pointed out and even if trial Court came to conclusion that application is wrongly captioned but if objection was there and there was error in decree, then trial Court was under obligation to correct error in decree before it being finally signed...........
Civil Procedure Code, 1908, Section 152 -- Amendment/correction of decree - When decree has been finally signed, objections u/s 152 CPC would be maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to be introduced in relation to partition decree is neither relevant nor bona fide - Same has been sought to be introduced at a belated stage without providing any justifiable explanation for delay - Amendment application rightly rejected qua partition..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Proposed amendment regarding subsequent sale after passing of ex parte decree and before ex parte decree was set aside - Amendment was sought immediately after restoration of suit - It cannot be said that there was absence of due diligence or any gross delay - Even..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Recovery suit - Execution of ex parte decree was stayed with condition of furnishing security/bank guarantee equal to decreetal amount - Said order has sufficiently secured interest of plaintiff against any uncertainty regarding recovery of decreetal amount - Imposition of such condition..........
Agreement to sell -- Suit for specific performance - Transferee lis pendens - Not a necessary party - However, a transferee lis pendens may pursue appeal against a decree of specific performance against vendor, as a legal representative/inter-meddler of estate of vendor - But, having regard to nature of decree that is required to be passed in a suit for specific..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Non-substitution of LRs - Before declaring a suit or proceeding to have abated on ground of non-substitution of heirs/LRs of a deceased party, Court must examine whether interest of deceased party qua subject matter of proceeding is sufficiently represented by other parties already on record - If..........
