Civil Procedure Code, 1908, Section 151 -- Application u/s 151 CPC - Plaint without specific averments about cause of action, cannot be allowed to be maintained on basis of any application submitted u/s 151 CPC...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Application filed by defendant to place on record family settlement - However, there is no reference of said family settlement in written statement - Parties had already closed their evidence at the time of filing of application - Even, part arguments had already been heard -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 3 -- Interim injunction - Arbitration proceedings - Appellants attempted to encash bank guarantee furnished by respondent - If appellants were permitted to invoke bank guarantee, prayer made in S.9 of Arbitration and Conciliation Act, arbitration petition would likely become infructuous - Interim order restraining..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit - Notice to defendant - It is necessary for Court to issue notice to defendants when application is filed for restoration of suit and after hearing them to pass necessary orders on application for restoration petition...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Lack of legal knowledge constitutes no ground for permitting 2additional evidence when trial is at stage of rebuttal evidence and arguments...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Application filed by defendant after closing of his evidence in affirmative and when matter was fixed for rebuttal evidence and arguments - Documents now sought to be produced by defendant pertain to years 2001 and 2011 - Defendants were in knowledge of said documents, however, have chosen not to produce the..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Document sought is not a new document without there being any pleading with regard to the same in written statement - There is factual foundation for document sought to be received and a photocopy of said document was also filed along with written statement - Proposed document is..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Attachment of property of JD - Objection by JD - Property of JDs attached for satisfaction of decree - Contention of JDs that executing Court could satisfy the decree from the security furnished to trial Court during trial is not tenable because said security is not sufficient for satisfaction of decree -..........
Civil Procedure Code, 1908, Section 151 -- Correction of appellate decree - Clerical mistake - Mistake in the decree corrected vide impugned order is a clerical mistake - There is no imposing a new or additional liability on the petitioner by correction in the decree - Decree is drawn in terms of judgment, operative part - Appeal of appellant was dismissed with costs, so..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 10 -- Production of records in the custody of police - Alleged statements not available as per reply of DSP - In the absence of any material that documents are available and despite same, they are not furnished to petitioner, Court will not direct Deputy Superintendent of Police to send for documents and to give..........
