Civil Procedure Code, 1908, Order 38, Rule 11, 11A, Civil Procedure Code, 1908, Order 21, Rule 54 -- Attachment before judgment - Property attached before judgment and a decree subsequently passed in favour of plaintiff - It shall not be necessary upon an applicant for execution of such decree to apply for re-attachment of property, as said order of attachment before..........
Civil Procedure Code, 1908, Order 38, Rule 11, Civil Procedure Code, 1908, Order 21, Rule 57 -- Attachment before judgment - Order of attachment passed before judgment ceased by closing of execution without any order regarding continuation of attachment order - Advantage of order of attachment before judgment passed in suit was thus, not available to DH in his subsequent..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Eviction suit - Suit property is a picture hall/building - Tenant was taken said building on lease along with certain dilapidated machineries and fixtures which he got repaired and updated for starting cinema afresh - It cannot be said that primary object was to lease out business alone - Suit held,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At appellate stage - Amendment sought to incorporate certain facts, which ought to be pleaded in written statement, have not been pleaded - However, facts sought to be added in pleadings are not such which were not known to defendant earlier - Amendment sought to be made by defendant is aimed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Petition seeking maintenance ought to have been independently proceeded with, without being bogged down by question of legitimacy which was agitated in civil proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte order - Death of counsel - Proceedings finalised against petitioner ex parte - Categorical objection has also been taken by defendant while filing revision in question but Revisional Court has not taken any sympathetic view and no, suited the claim of defendant on merits - In order to meet the ends of justice and to..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of LRs - Death of landowner/claimant - Reference petition under Land Acquisition Act - Land owner expired prior to reference petition coming into existence - Death had not taken place during pendency of reference petition - Provision of O.22 CPC thus, not attracted...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment/substitution of LRs of deceased land owner - Reference petition under Land Acquisition Act - Land owner expired prior to reference petition coming into existence - Reference petition was transmitted to Court by Land Acquisition Collector by performing his duty under the Act - LRs of deceased had come to know about..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced on record were in existence during trial and were not filed during trial - Sufficient or cogent reason not assigned for not filing the same - Plaintiff cannot be permitted to fill up lacuna in his case by filing an application U.O.41.R.27 CPC -..........
Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Petitioner is residing in USA - Time gap of 12 hours in two countries - There will be difficulty in approaching Public Authority at night time to allow Video Conferencing - Petitioner allowed to be examined by way of Video Conferencing through Mobile or Computer on an..........
