Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of original power of attorney - From cause title not clear that plaint is filed through constituted attorney - However, verification of plaint clearing stating that said attorney is a constituted agent and power of attorney of plaintiff - Held, it is sufficient to hold that plaint is filed by power of attorney..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the stage of deciding amendment application, correctness of stand sought to be introduced by amendment, is not to be examined...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought clarificatory in nature and to elaborate the pleadings already taken - Amendment sought at very initial stage of trial - Explanation given for not raising plea earlier is that he is not very well versed with English language - It does not mean that he could..........
Civil Procedure Code, 1908, Order 38, Rule 8 -- Adjudication of claim U.O.38.R.8 CPC - Claim petition by third party - All questions, including question relating to right, title and interest in property attached, arising between parties, and relevant to adjudication of claim or objection or counter claim can be adjudicated in a claim petition U.O.38.R.8 CPC by a third..........
Civil Procedure Code, 1908, Order 38, Rule 8 -- Attachment before judgment - Objection if any to attachment before judgment would be determined U.O.38.R.8 CPC itself and not by recourse to O.21.R.58 CPC...........
Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 8, Rule 6A -- Claim petition U.O.38.R.8 CPC by third party - Counter claim - Maintainability - Counter claim is maintainable in claim petition filed by third party U.O.38.R.8 CPC, as petitioner who filed attachment petition would get the status of a defendant in a suit in said claim petition,..........
Civil Procedure Code, 1908, Order 38, Rule 8 -- Adjudication of claim U.O.38.R.8 CPC - While considering application U.O.38.R.8 CPC, Court is enjoined with power to consider question whether transfer is fraudulent in terms of S.53 of T.P. Act...........
Civil Procedure Code, 1908, Section 152, 47 -- Lok Adalat award - Clerical mistake in reproduction of actual terms agreed between parties - Executing Court can exercise powers u/s 152 of the Code for correcting an award...........
Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Claimed by plaintiff and his family - Suit for partition and separate possession - Plaintiff failed to prove prima facie case regarding his entitlement of his share in suit properties - He thus, not entitled to any interim maintenance - Application for interim maintenance held, dismissed being not..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 - - Delay of 277 days in filing second appeal - Title suit was decreed on the ground of default - First Appellate Court affirmed judgment and decree passed by trial Court - Immediately defendant filed review application as advised, which was also dismissed - Second appeal filed on behalf of defendants..........
