Civil Procedure Code, 1908, Order 41, Rule 21 -- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Plea as to applicants were not sent notice regarding pendency of first appeal - Vakalatnama found to have been filed by applicants in first appeal - Advocate categorically stated that applicant met him and handed over vakalatnama to..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Dismissal of earlier objection petition which attained finality - Subsequent objection petition for all practical purposes agitating the same title/right/ownership of the tenanted property - Failure to disclose earlier dismissal of objection petition - Besides merits, objection petition..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Subject matter of both the suits not required to be identical, as per S.10 CPC - However, even if cause of action in subsequent suit is substantially similar, then subsequent suit is required to be stayed...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Fate of subsequent suit for eviction is depended on fate of earlier suit for specific performance - If defendant succeeds in his suit for specific performance and decree is executed he would become owner of suit property - In such event, defendant would not be entitled to get decree in suit for eviction -..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Evidence - Right to begin - Plaintiff not intending to lead evidence and stating that he may be given opportunity to adduce rebuttal evidence - In view of such stand taken by plaintiff, it is for defendants to lead his evidence and thereafter trial Court will grant an opportunity to plaintiff to adduce rebuttal evidence after..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Evidence - Right to begin - Expression "unless the defendant admits the facts alleged by plaintiff" as occurring in O.18.R.1 CPC, held to include all facts, averments and allegation or all material facts, averments and allegations in plaint - It is thus, not just enough if defendant admits only some of facts asserted by..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Evidence - Right to begin - It is not necessary that evidence must always be led by party who has right to begin and on whom lies burden of proof and it is not open to plaintiff to say that though he has right to begin he would rest content with relying upon averments in written statement and would not adduce further..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Expenses for seeking police help - To ask D.H. to deposit expenses for police help is not appropriate in absence of any specific legal provision regarding this aspect - Direction to D.H. to deposit expenses of police help, set aside...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Condonation of delay - Delay of 1085 days - Suit for permanent injunction and mandatory injunction - Petition was returned for some rectification - But due to bundle was misplaced in Advocate`s office there was a delay of 1085 days occurred in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction order - Restraining Muslim husband from re-marrying another cannot be granted, when personal law expressly permits him to have more than one wife at a time...........
