Civil Procedure Code, 1908, Order 26, Rule 9 -- Application U.O.26.R.9 CPC, is not to be allowed at whims of parties - Satisfaction has to be that of Court and though said satisfaction of Court can also not be arbitrary, but then there has to be cogent material on record placed by applicant to satisfy Court that appointment of Local Commissioner is necessary for..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - At appellate stage - Appellate Court does not deem it fit to appoint Local Commissioner for demarcation of suit land, as no such application filed either before trial Court or before appellate Court - Even no explanation given for the same - Moreover, misleading substantial questions of law..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Misleading substantial questions of law were framed and in fact not borne out from either records of case or from adjudications made by both Courts below - Second appeal dismissed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - An erroneous decree cannot be equaled with one which is a nullity...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree not suffering either from any jurisdiction error or otherwise invalid in law - Objections as to non executability of decree not tenable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - An executing court can allow objection to the executability of the decree if it is found that the same is void ab initio and is a nullity, apart from the ground that it is not capable of execution under the law, either because the same was passed in ignorance of such provision of law or the law was..........
Civil Procedure Code, 1908, Section 13, 9, Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 34, 35 -- Foreign judgment - Termination of marriage - Challenged on the ground that order is without jurisdiction, having been obtained by fraud and being violative of rules of natural justice and the provisions of Hindu Marriage Act, 1955 - Provision of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit against sole dead person - Plaintiff can seek impleadment/substitution of proper parties provided he satisfies Court that mistake in filing suit was in good faith and not on account of any neglect on the part of plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed against a dead person - Amendment sought to implead son of defendant deceased - Amendment allowed by recording satisfaction as to bona fides of plaintiff in occurrence of mistake, keeping in mind the alacrity with which the plaintiff brought the amendment upon coming to know about true..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application to set aside ex parte order is not maintainable after closure of evidence and when suit is posted for judgment...........
