Civil Procedure Code, 1908, Order 22, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1 -- Order refusing to set aside abatement - Appeal against - Maintainable - An appeal shall lie under O.43.R.1(k) against an order under Order 22 Rule 9 CPC refusing to set aside the abatement of an appeal. It cannot be said, that the order of refusing to set aside the abatement,..........
Specific Relief Act, 1963, Section 16, 15, 31, Civil Procedure Code, 1908, Order 7, Rule 7 -- Suit for specific performance - Plaintiff served notice on defendant that as defendant has failed to perform his part of agreement, plaintiff has cancelled agreement - Thereafter, plaintiff filed suit for cancellation of agreement - Defendant merely defended suit - He should have..........
Specific Relief Act, 1963, Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation is three years-Suit to be filed within three years of the date fixed for the performance or if no such date is fixed where plaintiff has notice that performance is refused-Notice indicating that vendor had cancelled the contract and forfeited the advance amount paid by..........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1-A(2) -- Decree passed in a suit after recording a compromise - Decree can be challenged on the ground that the compromise should not have been recorded - S.96(3) is not a bar to an appeal under order 43 Rule 1-A(2) as S.96(3) is applicable to cases where the factum of..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3, 3-A, Civil Procedure Code, 1908, Order 43, Rule 1-A(2) -- Compromise - Order recording compromise in suit - Petition challenging it - Can be filed under S.151 - Such petition has to be decided by same court which has passed order recording compromise - Appeal against such order can also be filed under S.96(1) in..........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 27 -- Review - Surplus land - Finding as to whether landowner has adoptive son or not - Fresh evidence led under Order 41 Rule 27 - Not permissible in review application - Mistake not apparent on face of record - Reversing earlier judgment on basis of new evidence is illegal and..........
Civil Procedure Code, 1908, Order 39, Rule 3 A -- Exparte temporary injunction - order of temporary injunction extended in disregard to rule 3 - A - Held, it indicates that Court below acted in mechanical manner without applying its mind-order of lower Court set aside...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Land reference - A reference Court cannot dismiss a Land Acquisition case for no, appearance under order 9 Rule 8 CPC and therefore an application under Order 9 Rule 9 CPC is not maintainable - Restoration can be allowed by invoking inherent powers of Court under S.151 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Plea sought to be introduced inconsistent and at variance with plea originally taken - Cannot be permitted to be introduced in view of O.6.R.7, except by way of amendment under Order 6 Rule 17 - Application U.O.8.R.9 cannot be treated as one under Order 6 Rule 17 as both are contextually..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- the suit can be dismissed or defence struck down under this rule - The order must contain reasons for resorting to the drastic action - Otherwise the order would be bad...........
