Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Objectors are not asserting any independent title rather they are admittedly tracing their right and title through their vendor - However, title of vendor is negated judicially - Objectors therefore, steps into the shoes of a person whose claim to title was already judicially negated -..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - Trial Court while granting ex parte interim injunction has not considered the suit in its entirety - It has not even recorded existence of a prima-facie case, balance of convenience or irreparable hardship, three sine qua non for grant of mandatory injunction - No reasoning as has been mandated..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and injunction - Entire allegation has been made only against defendants - There is no basis or ground made out for impleadment of defendant Nos.3 and 4 from a careful reading of plaint - Merely because defendant nos. 1 & 2 have purchased property from defendant Nos.3 and 4, it..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Order passed against dead person is a nullity - Mere fact that counter affidavit was filed by one of legal heirs would not clear the defect of order being passed against a dead person - Without the cause title being amended and legal heirs being brought on record in interlocutory applications at that..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - Commissioner cannot be appointed solely for the purpose of collecting evidence - Rather, appointment is restricted to purposes of detention, preservation and inspection of subject matter of suits...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - Commissioner cannot be appointed to find out whether constructions were on road or beyond sanctioned plan - Same can be proved through documents and witnesses to be examined by plaintiffs during course of trial - Application rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention - Issuance of notice U.O.21.R.37 CPC is mandatory - Straight away order of warrant of arrest cannot be issued...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for specific performance - Ex parte decree - Setting aside ex parte decree - Suit decreed ex parte without framing issues and application U.O.9.R.13 CPC filed within time rejected - Suit for specific performance cannot be decided without framing issues even when written statement is not filed - Ex parte decree set aside..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Setting aside - When an ex-parte decree is passed, defendant has two remedies: (i) Either to file an application U.O.9.R.13 CPC to set aside ex-parte decree by satisfying Court that summons was not served or if served, defendant was prevented by sufficient cause from appearing in Court when suit..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Appeal - Right to appeal u/s 96(2) CPC challenging original decree passed ex-parte, being a statutory right defendant cannot be deprived of statutory right merely on the ground that he did not file any application U.O.9.R.13 CPC...........
