Criminal Procedure Code, 1973, Section 482, 156, 200, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - After execution of agreement to sell and payment of complete consideration amount, original complainant came to know that disputed property was mortgaged with bank and hence he filed case for cheating - However, complainant himself paid mortgage..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment..........
Civil Procedure Code, 1908, Section 151, Order 32, Rule 15 -- Appointment of guardian ad litem - Disability - Mere age, even of a 85 years does not by itself entail disability warranting appointment of guardian ad litem...........
Civil Procedure Code, 1908, Section 151, Order 32, Rule 15 -- Appointment of guardian ad litem - Disability - Heart patient and suffering from diabetes - These are chronic but not diseases of disability - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 20, Rule 18(ii) -- Preliminary decree - Partition suit - Passing of preliminary decree U.O.20.R.18(ii) CPC is not mandatory in each and every case - It is only in cases where Court comes to conclusion that if partition or division of property cannot conveniently be made without further enquiry, a preliminary decree is required to be made...........
Civil Procedure Code, 1908, Order 20, Rule 18(ii) -- Final decree - Auction sale - Partition suit - Property is indivisible as per shares allotted in preliminary decree - Preliminary decree itself could have been made as a final decree - Trial Court rightly allowed application of plaintiff for conducting auction so as to distribute sale proceeds as per respective shares..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Amendment sought would have the effect of changing very nature of case - Court committed no fault in rejecting application for amendment - No interference warranted in impugned order...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Reply to application filed instead of filing application of "leave to defend" - However, reply filed to the application clearly set out the grounds of defence and indicate the respondent's intention to contest the suit - Discrepancy in not filing an application styled as "leave..........
Civil Procedure Code, 1908, Order 37, Rule 3(4) -- Summary suit - O.37.R.3(4) CPC only requires plaintiff to serve summons for judgment in prescribed form - It does not contemplate filing any application or eliciting any response to such application...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 151 -- Divorce decree - Expunging of remarks against wife - Observation/fact that "she was living with her bahnoi" - Plea by wife that it is casting aspersion and stigma on her personal character - Husband having no objection for expunging the remark - Said remark expunged from the judgment...........
