Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 10 -- Writ petition - Maintainability - Petitioner has sought declaration of her right, title and apportionment of her share as being the daughter of the deceased owner of the property - Therefore, until her rights are determined in the Civil Court, parallel litigation in the name of challenge to..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Once matter is reserved for judgment, parties have no right even to move application without seeking reopen of matter for recall of any witness - Though on their bringing to the notice of Court any necessity, Court can exercise that power...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence after closure of evidence of parties - Held, permissible...........
Civil Procedure Code, 1908, Section 151 -- Examination of additional witness - Where examination of witness is necessary to prove document in question, application for examination of additional witness cannot be rejected merely on ground of latches when same can be compensated...........
Civil Procedure Code, 1908, Section 151, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Suit for recovery of money - Mistake of Court - On compromise for settlement, award of Lok Adalat becomes final - But instead of passing award as per memo, Lok Adalat Committee by mistake took civil dispute as criminal compounding case - Mistake committed is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Manipur (Village Authorities in Hill Areas) Act, 1956, S.3(2), Business of Govt. of Manipur (Allocation) Rules, 1999, R.2 - Impleadment of party - Bifurcation of amalgamated village - As per the record, villagers were never parties before the authority who has passed the impugned order and respondent No.4 being the headman of..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Civil imprisonment - Without deciding objections - Held, Executing Court is required to dispose of objections before taking the drastic step...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Civil imprisonment - Executing Court is required to issue a show cause notice calling upon JD to appear and to show cause as to why he should not be put into civil prison - However, Court can dispense with issuance of notice when Court is satisfied by an affidavit or otherwise that with the object..........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery decreed - Claim of interest - Cause of action jointly and severely against two defendants - Claim against two defendants is on same footing - Decree for recovery of amount passed against defendant No.1 - Plaintiff denied the interest against defendant No.1 for the reason that contract governing parties had..........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Suit filed against a dead person - Death was not within knowledge of plaintiff and suit filed within time - If Court is satisfied that non impleadment of legal heirs of deceased defendant was a bona fide mistake, then Court has got power to implead them invoking O.1.R.10 CPC and S.21 of..........
