Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 151 -- Police protection - Petition seeking enforcement of an interim or final decree along with police assistance, must be pursued before executing Court u/s 151 CPC and that without exhausting said remedy, writ petition u/art 226 of Constitution is not maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review petition is not maintainable on basis of subsequent judgment having been rendered in favour of petitioner in another case...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC to seek setting aside ex parte decree has to be dealt with by Court which passed the decree...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Suit is at its final stage and is fixed for arguments - Nothing substantial was being sought to be incorporated by way of amendment - There is no merit in the application - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Total delay in filing suit after excluding period undergone for mediation was 84 days - In fact, application for mediation was filed after expiry of period of limitation - Period during which mediation was pending is only theoretically excluded - Suit rightly dismissed being barred..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, only contents of plaint and documents attached thereto are to be seen...........
Civil Procedure Code, 1908, Order 26, Rule 10A, Evidence Act, 1872, Section 112 -- DNA test - Compelling such tests without imminent need, imperils not only the sanctity of marriage, but legitimacy of the child and also becomes violative of the fundamental rights to privacy and dignity, as obtaining under Article 21 of the Constitution of India - No material is placed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of adjudication of an application U.O.7.R.11 CPC, Court has to restrict itself to contents of plaint as well as documents filed therewith to assess and ascertain as to whether plaint is hit by said provisions or not - Court is not to delve into defence of other side to judge credibility..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2016, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Plaintiff itself alleges in plaint that infringement was being done by defendants since April 2023 - There is no whisper in application as to what necessitated plaintiffs to seek urgent relief, by bypassing..........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Third party objections - Wife of JD filed objections that decree has been obtained by DH by way of fraud - There is no matrimonial discord between petitioner and her husband/JD - Objection application is for all purposes is at the behest of her husband/JD only - Moreover, for totally unexplained reasons, JD did..........
