Civil Procedure Code, 1908, Section 115, Order 38, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(q) -- Order passed U.O.38.R.1 is revisable whereas order passed U.O.38.R.2 is appealable...........
Civil Procedure Code, 1908, Order 33, Rule 6 -- Pauper - Court declaring plaintiff as pauper - Notice to defendant not given - Order set aside - Question to be decided after giving notice to defendant - If plaintiff found to be pauper, proceedings so far held will hold good - If not found pauper opportunity to pay Court fee be given and in that even if court fee paid,..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- No progress in case since order to proceed ex parte - Defendants allowed to file written statement and participate in proceedings...........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Essential requirements of a valid judgment are : (1) Heading of the judgment, including the title of the suit of proceeding; (2) Facts put forward by the plaintiff and the defendant in a civil suit; (3) Points for determination; (4) Decision on these points with reasons thereof; (5) Final order granting or refusing to grant..........
Civil Procedure Code, 1908, Order 11, Rule 11 -- In the absence of an order under this rule, no action can be taken against the defaulting party - An order granting leave U.O.11.R.11 to deliver the interrogatories does not amount to an order under this rule - This necessarily leads to the examination of interrogatories served and the answers provided or the objection..........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Interim order - Sole test is not whether such order is passed during the interim stage - The feasible test is whether by upholding the objections raised by a party, would it result in culminating the proceedings, if so any order passed on such objections would not be merely interlocutory in nature as envisaged in..........
Criminal Procedure Code, 1973, Section 397(2), 197 -- Revision - Sanction u/s 197 not obtained - Discharge sought on this ground - Trial Court dismissing petition holding issue would be decided after evidence - Revision against - Revisional Court quashing complaint - High Court holding revision could not have been entertained as order is interlocutory - Not correct - If..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence - Witness summoned and diet money deposited - If inspite of that witness does not appear party not to be penalised - Provision of O.17.R.3 CPC is penal in character and should be resorted to when the grant of adjournment to the party for adducing its evidence is not at all justified - Impugned order..........
Civil Procedure Code, 1908, Order 41, Rule 11(4) -- Appeal - Dismissal by High Court - Though High Court is not required to record grounds for doing so, it would not enable appellate Court to avoid recording any reason whatsoever - Impugned order dismissing appeal without stating reasons set aside...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit at second appellate stage - Suit for injunction restraining defendants from establishing and running flour mills and restraining them from disturbing plaintiff's exclusive user of pathway - Trial Court decreed suit - Appellate Court modified decree holding that plaintiff had no exclusive right over..........
