Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex-parte decree - Appeal - Petitioner was not served properly, hence, he could not appear before trial Court for submitting his case - Therefore, petitioner has made a prima facie case in his favour that he was not served with any kind of notice and so-called affixation of summons..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction and compensation - Neither there were any pleadings nor any evidence led by plaintiff regarding compensation - Plaintiff continues to remain in possession i.e there is no cause of action for claiming relief of compensation - Therefore, even if submission regarding compensation has not..........
Civil Procedure Code, 1908, Order 8, Rule 6C, Commercial Courts Act, 2016, Section 12A -- Counter claim - Rejection of counter claim sought on the ground that pre-institution mediation has not taken place qua counter claim - Both the parties have already meditated and have failed in such mediation - Once pre-institution mediation has happened, when plaintiff wanted to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - By way of amendment Memorandum of Partition (Panchnama) is being sought to be challenged - Said Panchnama has become time barred considering knowledge of plaintiff - Written statement has been filed in the year 2009 and thereafter, for more than 12 years petitioner did not take any steps..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Two successive applications for amendment were filed - Application filed earlier was dismissed as not pressed and exactly similar application has been filed without mentioning about earlier application or reasons for withdrawal of earlier application and filing of subsequent application - Therefore,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff has not withdrawn any admission by proposed amendment nor has prayed for any new relief - Explanation sought to be added by proposed amendment is necessary for deciding real controversy between parties - Plaintiff has satisfactorily explained the delay in filing amendment application - No..........
Civil Procedure Code, 1908, Section 89 -- Settlement of dispute - Refund of Court fee - For applicability of the provision (a) settlement should be acceptable to both the parties; (b) settlement is brought forth by way of alternative dispute resolution i.e. either arbitration; or conciliation; or through Lok Adalat; or mediation, as the case may be...........
Civil Procedure Code, 1908, Section 89 -- Settlement of dispute - Refund of Court fee - Settlement took place between parties outside Court, during pendency of execution proceedings - Executing Court shall issue a certificate of refund to decree holder to seek full refund of Court fees from Collector...........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Report of Local Commissioner - Defendants have filed objections to Commissioner's report - When defendants have filed objections to Commissioner's report, defendants could have examined Court Commissioner - However, trial Court without permitting defendants to examine Court Commissioner, placed reliance on report of Court..........
Civil Procedure Code, 1908, Section 64, 47, 151, Order 21, Rule 58 -- Execution - Auction sale - Objections - Appellant purchased the property from JD having knowledge about its attachment in suit itself - Attachment thus, effected much prior to sale deed obtained by appellant - Attachment prevail over sale deed - Sale deed is void...........
