Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - When plaintiff fails to project patent illegality in findings recorded by Courts below, it cannot be said that there exists substantial question of law...........
Registration Act, 1908, Section 17 -- Civil Court decree - Registration - Any decree which creates, for the first time, the right, title or interest in the immovable property, requires compulsory registration...........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by mutual consent - Recall of order as same alleged to be vitiated by fraud and misrepresentation - Fraud vitiates all proceedings - When fraud is played on Court, appropriate remedy is to approach the same Court to apprise the Court the manner in which fraud has been played -..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 1825 days in filing appeal against ex parte decree - Defendant already exhausted remedy U.O.9.R.13 CPC - Appeal against ex parte decree filed after 5 years from dismissal of application U.O.9.R.13 CPC - Defendant can file an application U.O.9.R.13 CPC and a regular..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Post trial amendment can be allowed under proviso to O.6.R.17 CPC, if Court comes to conclusion that inspite of due diligence party could not raise matter before commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - In the instant case, plaintiffs have satisfied that despite of due diligence they could not raise matter of acquisition of two houses in vacant state by defendants before trial Court - Hence, conditions provided under proviso to O.6.R.17 CPC is satisfied by plaintiffs - No illegality in order allowing..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Landlord seeking to adduce photograph of house, information regarding electricity connection to establish acquisition of two houses in vacant state by tenant as acquisition of said land was not in the knowledge at the time of judgment of trial Court - Said evidence is..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Attachment U.O.38.R.5 CPC is preventive and not punitive - Sole object behind order levying attachment before judgment is to give an assurance to plaintiff that decree, if passed, would be satisfied - It is a sort of guarantee against decree becoming infructuous for want of property...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Affidavit in support of contentions of applicant must not be vague - Vague and general allegation that defendant is about to dispose of property or remove it beyond jurisdiction of Court, unsupported by particulars, would not be sufficient compliance with rule...........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Court has to consider cause shown by defendant and pass final orders - If decision is in favour of defendant, an order U.O.38.R.6(2) CPC has to be passed - If conclusion is against defendant, an order of nature U.O.38.R.6(1) CPC should follow - At any rate, there is no legal basis for order..........
