Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within statutory period - Striking off defence - Defence of defendant was struck off after 97 days - O.8.R.1 CPC provides 30 days for filing written statement and 90 days grace period showing sufficient cause for delay, which is collectively 120 days - However, trial Court without giving a fair..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 10, 23, Transfer of Property Act, 1882, Section 122, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Gift deed by senior citizen - Cancellation - Res judicata - Bar of O.2.R.2 CPC - In an earlier application, gift deeds were not cancelled, but alternatively shelter was provided by Tribunal..........
Civil Procedure Code, 1908, Order 21, Rule 17(1A) -- Execution - Money decree - Decree provided that plaintiff is entitled to consequent relief of realizing his withheld amount of Re-investment plan (RIP) of Rs.51097 - Entire controversy hinges in respect of said direction made in decree - Whether realization of withheld amount of RIP of Rs.51097 would mean merely a sum of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants already filed written statement, as Court below set aside the ex parte decree - Issues have already framed - No interference warranted in impugned order of allowing application - Ex parte decree rightly set aside...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Local Commissioner - Application filed at the stage of decision of application U.O.39.Rr.1, 2 CPC - Once as per defendants own assertion material already available on record indicates sufficient support for defendants in relation to case already set up by them, prayer made for appointment of local commissioner..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 40, Rule 1 -- Temporary injunction - Appointment of receiver - Commission u/s 142 of Sikh Gurudwara Act has power to pass interim orders as well as to appoint a Receiver...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Will executed in 1992 in favour of petitioner and her sister by their father qua which probate was pending - Specific issue was framed qua Will - Same cannot be decided in absence of petitioner - Petitioner is a proper and necessary party to suit - Application allowed...........
Civil Procedure Code, 1908, Section 151 -- Additional documents - Hyper-technical approach need not be taken while considering whether or not to permit additional documents/pleadings concerning subsequent developments including facts of which knowledge was acquired subsequently...........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Execution - Suit dismissed as withdrawn - Execution proceedings cannot be initiated in absence of a decree or executable order - Execution proceedings and all subsequent proceedings on the basis of said execution proceedings are illegal, null and void...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Shop demolished after filing of suit - Shop whether demolished prior to filing of suit or demolished after filing of suit has to be determined and amendment cannot be declined on the assumption that shop stood demolished before filing of suit - Amendment allowed - Order..........
