Civil Procedure Code, 1908, Section 151 -- Order of status quo - Police help - Can be granted in a case where trial Court passes order of injunction and in revision petition order of status quo is passed - The facts of the case are clearly distinguishable from a case in which trial court passes order of status quo which means that trial Court is not sure which party is in..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Decree on admission - Suit for possession - Will - Plaintiff claimed possession of disputed property on the basis of Will which is not disputed by defendants - Will taken to be proved - Testator only created life interest in favour of plaintiff - Defendants cannot object to the enjoyment of life estate by..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4 -- Substitution of legal heirs - Whenever a suit is filed against a dead person who is the sole defendant in suit, the suit would be nullity and legal representatives of said defendant cannot be substituted with the help of O.22.R.4 R/W S.151 CPC...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness for further cross examination - (1) Power of Court is discretionary power which should be used sparingly in appropriate cases (2) Power should be exercised to clarify any doubt it may have in regard to the evidence led by the parties (3) Discretion not to be exercised to allow a party to fill..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness for further cross examination - While allowing recall of witness it was stated that questions appended to the recall petition appear to be genuine and required for just and proper adjudication of the matter in controversy and to clarify the ambiguities in the evidence - There is no mention as..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2(3), 151 -- Amendment of plaint - Suit for recovery of physical possession of suit property - Amendment sought to claim damages and mesne profits towards rent and hire charges - Amendment sought will avoid multiplicity of proceedings and cause no prejudice to defendants - Plaintiffs..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, 4 -- Interim injunction - Once application U.O.39.Rr.1 & 2 CPC filed by plaintiff and application U.O.39.R.4 CPC filed by defendant are disposed of by speaking order on merits in presence of parties, prayer in the fresh application for vacation of an order by way of modification cannot be granted...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(a) - - Rejection of plaint - To decide the application U.O.7.R.11 CPC Court has to examine only plaint averments and list of document filed along with suit - Pleadings in written statement have no relevancy to decide the application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4 -- Production of document - Court cannot refuse production of documents on record - Production of documents on record and allowing them to be exhibited are distinct from each other - Court may not give evidentiary value to those documents or allow them to be exhibited - Court to allow production of documents and..........
Civil Procedure Code, 1908, Section 144, 151 -- Restitution - Erroneous decree - There is no fetter in the inherent jurisdiction of Court to remedy a wrong committed due to an erroneous decree - A serious injury is caused to defendant due to the knocking off its property in an execution sale under a decree which did not reflect the correct amount due - Advantage obtained..........
