Civil Procedure Code, 1908, Order 21, Rule 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 -- Execution - Attachment of J.D's property not in his possession - Execution application must be clear and with details as required - Warrant of attachment issued at the instance of D.H. based upon vague averments, held, illegal, impermissible and liable to be withdrawn/vacated...........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 226 -- Acquisition proceedings - Jurisdiction of Civil Court - Held, Civil Court has no jurisdiction to go into the question of validity or legality of notification and declaration - Only right available for aggrieved person is to approach High Court U/A..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 37, Rule 4 - - Ex parte decree - Setting aside of - Held, it is settled law that ex-parte decree against defendant can only be set aside if he satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing and further in addition, there existed..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -..........
Civil Procedure Code, 1908, Order 9, Rule 3, 4 -- Suit for permanent injunction - Neither party present - Dismissal for default - Restoration - Requirement of issuance of notice - Held, where a suit has been dismissed because neither party has appeared when case was called for hearing, the order may be set aside without notice - In present case dismissal was in absence of..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non-substitution of legal heirs - Abatement - Neither any application for setting aside the abatement was submitted by heirs of the sole plaintiff nor any application to condone the delay has been submitted - Trial Court below straightway permitted the heirs of original plaintiff to be brought on record - Held, unless and..........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4, 6, 365(2) - - Land acquisition under a local Act - Challenge to - Jurisdiction of Civil Court - Held, jurisdiction of civil Court to entertain suit challenging land acquisition under a local Act is barred...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Dismissal in default - Dakal Daftar - Held, dismissing a suit in default is a decision - But simply consigning case to records for default is no decision - Consigned to records means `Dakal Daftar' and can be revived on motion of any of interested party - Even court suo motu can call record for civil proceedings..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4, Family Courts Act, 1984, Section 7, Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court and consequently Family Court is not ousted with the enactment of Muslim Women (Protection of Rights on Divorce) Act, 1986...........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4, 6 -- Challenge to validity or legality of notification u/s 4 and declaration u/s 6 of Land Acquisition Act - Jurisdiction of Civil Court - Held, since Land Acquisition Act is a complete code, by necessary implication power of Civil Court to take cognizance of a case u/s 9 of the CPC stands..........
