Civil Procedure Code, 1908, Section 151 -- Power of Court - Court has to exercise discretionary power vested in it by virtue of S.151 CPC judiciously based on sound principles of law in order to secure ends of justice...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit reserved for judgment - Affidavit filed in support of application does not disclose reasons much less valid reasons - Court has to take into consideration the prejudice likely to be caused to the parties to the proceedings while disposing of application of this nature - Possibility of filing such..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Dispute relating to Wakf property - Matter falls within ambit of Wakf Act and only Wakf Tribunal has jurisdiction to dispose of the dispute - Civil Court has no jurisdiction to decide the same - When special remedy is provided in a special statute then recourse cannot be..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Restoration of suit dismissed U.O.7.R.11 CPC - Application u/s 151 CPC for restoration of suit is maintainable even though rejection of plaint amounts to a decree, which is appealable...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Suits based on different and independent transactions cannot be ordered to be consolidated...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Suits for specific performance - Different and distinct agreements of sale - Properties covered also different with distinct boundaries - Defendants also different - Suits cannot be clubbed together - Application rightly dismissed...........
Evidence Act, 1872, Section 45, 112, Civil Procedure Code, 1908, Section 151 -- DNA test - Paternity of child - Illicit relations between parties - Mother of child herself admits that she was never married to plaintiff but she developed illicit relations with plaintiff out of which petitioner/child was born - Child though born out of illicit relationship, he has every..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Competent civil Court is not powerless to grant appropriate relief at the interim stage of civil proceedings even during pendency of decision as to preliminary issue of jurisdiction if raised by party to suit...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Since the letter of administration did not vest any absolute legal title in applicant Nos. 1 & 2 to sell the disputed property, Court below while exercising its power u/s 151 CPC rightly injuncted applicants from creating third party rights in respect of suit property and restrained them..........
Civil Procedure Code, 1908, Section 151, Constitution of India, 1950, Article 227 -- Execution - Missing J.D. - Decree having national ramifications - Decree reduced into a mockery - Process of Court obstructed - Matter entrusted to CBI who shall endeavour to trace, arrest and produce the missing J.D...........
