Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner to note down physical features of property - When trial Court felt that for an accurate description of physical features of property would enable it to appreciate evidence on record, then same cannot be said amounting to collection of any evidence - Application rightly allowed...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration and permanent injunction - Agricultural land - Claimant seeking a declaration of khatedari right is barred from filing a civil suit prior to their khatedari right being declared by a revenue Court when relief sought from civil Court includes determination of khatedari right...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction - Agricultural land - Land in question is in Khatedari (tenancy) of defendant - Plaintiffs who are sons and daughter of defendant have filed civil suit during life time of their father - Mutation entries are not in the name of plaintiffs - So..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction - Agricultural land - Land in question is in Khatedari (tenancy) of defendant - Plaintiffs are not a recorded tenant and now during pendency of civil suit they have filed revenue suit to declare their khatedari right - Right of plaintiff..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Report of second Court Commissioner - Application for appointment of second Court Commissioner filed by defendant was allowed and opinion was given in favour of defendant - Plaintiff filed statement of objections and sought for permission to cross-examine expert - However, plaintiffs did not pay requisite Court fee to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute between parties is not only as regards possession but is also as regards extent and boundaries of their land - Defendants have no objection for appointment of Local Commissioner - Application allowed...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Revision - Executing Court has power to stay execution proceedings only for a limited period of time in terms of O.21.R.26 CPC...........
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 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Before ordering detention of JD for execution of decree Court has to conduct enquiry as mandated U.O.21.R.40 CPC r/w S.51 CPC by recording a finding as to means of JD to satisfy the decree...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Burden is on DH to satisfy Court that JD despite having means to pay decreetal amount has failed to discharge liability under decree for Court to order for civil imprisonment - Order of civil imprisonment for not satisfying decree should be the last resort, as the same..........
