Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Provision of Order 41 Rule 31 is mandatory - Formulating the questions which are required to be dealt with in the appeal is mandatory - Failure to do so - Judgment set aside matter remanded for decision afresh...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Restoration of suit dismissed for default - Rejection - Appeal there against is maintainable - No distinction has been made between rejection of application for restoration on merits or rejection thereof for default - Even if an application U.O.9.R.9 is dismissed/rejected for..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police protection - Though plaintiff is entitled to initiate proceedings U.O.39.R.2-A in the event of violation of order of temporary injunction even then Court is under an obligation to accord necessary protection - By ordering police protection Court is not extending..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amended provision of Order VI, Rule 17, CPC as amended w.e.f. 2002 will not apply to pleadings filed before that date...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit after remand by Appellate Court for a limited purpose - Plaintiff is not entitled to circumvent the remand order and get nullified the findings therein under the guise of instituting a fresh suit after withdrawing from the suit U.O.23.R.1(3) CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Counter claim set up by defendant - Defendant absent - Suit decreed exparte - In application relief claimed as to setting aside exparte decree and to restore suit - No relief claimed nor granted of setting aside the dismissal of counter claim and of restoring the same to be tried on merits -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Exparte decree - Setting aside - Defendant filed written statement and counter claim - Issues framed and plaintiff filed evidence affidavit - On subsequent date defendant and his counsel absent - Suit decreed - There was no order calling upon defendant to produce evidence - Decree..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment of property - Bona fide purchaser - No supporting evidence brought on record - Appellant so, i, law of vendor and purchased suit property one day subsequent to order of attachment - Plea of bonafide purchased not tenable - Impugned order of attachment not liable to be interfered with...........
Criminal Procedure Code, 1973, Section 190 -- Issue of process - Detailed order - Not necessary at the stage of issue of process...........
Criminal Procedure Code, 1973, Section Ss.107, 116(3) -- Proceedings u/s 107 Cr.P.C. - No surety/security or personal bond is required to be furnished under an interim order u/s 116(3) of the Code...........
