Civil Procedure Code, 1908, Section 144 -- Restitution - Limitation - It is for executing Court to decide whether restitution petition is within limitation or not - It is only the Court which passed the original decree, which can order restitution - Restitution cannot be granted by Supreme Court...........
Civil Procedure Code, 1908, Order 16, Rule 6, 7 -- Summoning of Sub-Registrar along with record containing true extract of registered gift settlement deed - Certified copy of document in question already marked in evidence and same was certified to be true copy by none other than registration authorities themselves - That being so, asking Sub-Registrar to produce original..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within 90 days - Defence struck off - Non-speaking and cryptic order passed by trial Court while striking off defence of defendant, as trial Court did not even record as to how much time was utilized by defendant beyond 90 days and why he could not file written statement without any justified..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Consolidation of Holdings Act, 1953, Section 49 -- Consolidation proceedings - Jurisdiction of civil Court - Suit for declaration - Maintainability - Is not maintainable as S.49 of the Act bars jurisdiction of civil Court to adjudicate upon dispute of rights and title relating to land included in consolidation..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Expression `barred by any law' - `Law' includes judicial decisions of the Apex Court...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Partition suit - Withdrawal sought on the ground that all the properties of family and other co-parceners as parties were not included in the suit - However, plaintiff has already availed the remedy of including other co-sharer as a party and also took steps for getting property included and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Revenue record by way of additional evidence sought to be produced for proving plea that suit land was ancestral - Since revenue record would be coming from proper custody and there would be no scope of any fabrication thereof, no prejudice is likely to be caused to other party,..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of document - While deciding application and more particularly while rejecting application for production of documents, Court is required to assign cogent reasons for such refusal...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Suit for partition and rendition of accounts - Copies of bank statements and cheques etc. relating to bank accounts of father and mother of parties are necessary and relevant for deciding the suit - These documents will definitely help Court to at least arrive at the balance in bank accounts and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that suit is barred u/s 69 Partnership Act - When suit is vexatious or when there is plea that suit is barred by law, Court to decide application first before asking defendant to file his written statement...........
