Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of defendants and son of late marginal witness of Will - Delay in filing application - Marginal witness of Will in question died - It is necessary to examine son of marginal witness who could depose about signatures of his late father - Application cannot be dismissed merely on the ground of..........
Civil Procedure Code, 1908, Section 152, 151, 153 -- Clerical mistake - Mistake in cause title of decree - Error crept in decree which is only accidental slip by Court itself - Plaintiff should not suffer for mistake committed by Court - Trial Court directed to correct cause title of decree - Application allowed...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of execution application - Execution can only be in accordance with the decree - If there is some mistake in the decree then decree has to be got amended - Amendment of execution application cannot be allowed by observing that there is an accidental slip in the decree and the same can be corrected -..........
Civil Procedure Code, 1908, Section 151 -- Concealment of facts - It is a question of merit - Cannot be gone into when dismissal is sought on ground of certain procedural irregularity...........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14 -- Production of documents - Eviction petition - Tenant sought production of rent notes of other three shops which have been let out before filing of eviction petition - Production of rent notes from landlord would be necessary for proving bona fide need of landlord - Landlord directed to produce said rent..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleading of a party - Suit for partition - Subsequent bona fide purchasers - Scope of relief in a suit for partition cannot be changed to a suit for eviction and possession by impleading third parties, who are neither necessary nor proper parties to the original suit...........
Civil Procedure Code, 1908, Section 151 -- Conversion of appeal into revision - Suit u/s 6 of Specific Relief Act - S.6(3) of Specific Relief Act bars appeal - Plaintiff applied for conversion of appeal into revision, which stands rejected - Court in exercise of inherent jurisdiction has full authority of law and discretion to covert an appeal into a revision or vice-versa..........
Civil Procedure Code, 1908, Section 151 -- Amendment of decree - Suit for mandatory injunction - No dimensions were given in the plaint nor did the plaint refer to any sketch - Judgment and decree also did not refer to any dimensions of chhajja in question nor did it incorporate or refer to any sketch from which dimensions can be gathered - Application preferred u/s 151..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 18 -- Amended written statement - By inadvertence or oversight, a line or two missed in amended written statement - Such defect can always be cured with the aid of S.151 CPC - Amended written statement cannot be ordered to be taken off from the record...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise decree - Setting aside - Forum - Regular appeal, miscellaneous appeal and a separate suit is not maintainable to challenge a compromise decree - Only remedy available to an aggrieved person, who wants to challenge the compromise decree is to approach the very same Court, which passed the compromise..........
