Civil Procedure Code, 1908, Order 33, Rule 4, 6, 7 -- Order of Refusal - Validity - Non-examination of petitioner u/r 4 or no, issuance of notice to government pleader u/r 6 does not affect the validity of order of refusal passed if there has been an enquiry as provided in O.33.R.7 CPC...........
Civil Procedure Code, 1908, Order 33, Rule 7 -- Order of refusal - After posting of an indigent application for enquiry u/r 7, only order which can be passed is an order of refusal and not an order of rejection...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - I, executable decree - Trial court passed decree of specific performance in ignorance of fact that property in dispute had already been sold during pendency of suit - Decree became i, executable - Plaintiff entitled to refund of original amount paid to defendant alongwith interest...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Court of appeal - Exercise of power - Held, power cannot be exercised to prejudice of a person who is not a party before Court - Power cannot be exercised in favour of claim which has been given up or lost - It cannot be exercised when such part of decree which has been permitted to become final by a party is reversed to..........
Land Acquisition Act, 1894, Section 23, 31, Civil Procedure Code, 1908, Order 41, Rule 33 -- Acquisition of land - Compensation - Held, once Court has taken the view that claimant is entitled to enhanced compensation, he should not be denied same on mere technical grounds of no, filing of appeal by claimant...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - Adverse findings against respondent - Challenge to - Respondent can challenge findings recorded against him in plaintiff's appeal itself without filing cross-objection...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Exercise of power U.O.41.R.33 CPC - Two requirement for exercise of power are that the parties before the Lower Court should be there before the Appellate Court and the question raised must properly arise out of the judgment of the Lower Court - If these two requirements are there, Appellate Court can consider any objections..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Proof - Defendant has established before Court that infact he paid a sum of Rs.25 lacs just 2 years prior to present litigation not only to mother, but also to plaintiff - He has also established that plaintiff who owned sizeable immovable property disposed of the same - Held, plaintiff failed to establish..........
Stamp Act, 1899, Section 33, 36, Civil Procedure Code, 1908, Order 13, Rule 4 -- Insufficiently stamped document - Document marked as exhibit without objection - Impounding of document - Plea that document is admitted in evidence and cannot be impounded - Held, `admitted in evidence' mean "admitted after judicial consideration of the circumstances relating to its..........
Civil Procedure Code, 1908, Order 33, Rule 6, 7 -- Suit by indigent person - Procedure - It is mandatory to issue notice of application to opposite party as well to Government Pleader - It is also mandatory to afford opportunity of leading evidence to both parties in proof and disproof of indigency of plaintiff - No such procedure followed by trial Court in the instant..........
