Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution proceedings - Issuance of warrants - Suit for Recovery of maintenance - Challenging legality of orders - Warrants of imprisonment were executed without effective show cause and hearing - Therefore, these orders were ex-parte and were pronounced in defiance of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Plaintiff by way of amendment wanted to bring on record all subsequent events - No reason to hold that attempt of plaintiff to bring such amendment suffers from malafides - Even no prejudice is caused to defendant if proposed amendment is permitted - Proposed amendment infact would..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding application for additional evidence - Where application for additional evidence is filed during pendency of appeal, it is incumbent upon appellate Court to consider and decide the same at the time of final decision of appeal on merits as to whether..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Non pleading of facts in the plaint - Not a formal defect - Order allowing withdrawal of suit set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Defendant was duly served in the proceedings - Limitation to set aside ex parte decree starts to run from the date of order and not from the date of knowledge of such order...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Hospital - Trust run as a private family Trust by ignoring object of trust - Plaintiff prayed for framing of a proper scheme of administration and for appointing trustees from medical profession - If in respect of a trust which had set up a hospital, a request is made for framing of a proper scope of administration..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Failure to appear due to illness - Medical certificate in support thereof cannot be discarded altogether merely on the ground that doctor issuing the certificate did not advise complete bed rest - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment by Court suo motu ex parte at the stage of consideration of an application to grant ad-interim injunction - While appointing Local Commissioner no palpable reason given by Court as to why Advocate Commission is required to be appointed ex parte, suo motu dispensing notice to other side -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To produce original Will, primary evidence - Appellate Court to permit production of any document, which would help Court to pronounce judgment or for any other substantial cause - Such power is to advance the cause of justice - First Appellate Court erred in refusing to allow..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of issue with regard to S.53-A of T.P. Act - Courts below have not considered issue with regard to defence of defendant u/s 53-A of T.P Act, which is a mixed question of fact and law - Judgments of both the Courts below set aside - Matter remitted back to trial Court for fresh disposal in accordance..........
