Civil Procedure Code, 1908, Section 148, 151, Order 20, Rule 12A, Specific Relief Act, 1963, Section 28 -- Extension of time for deposit of money in a decree for specific performance - No condition imposed in the decree that rights under the decree would stand forfeited in the event of default - Concept of automatic forfeiture of right accrued to the decree-holder under..........
Civil Procedure Code, 1908, Order 18, Rule 17A, Civil Procedure Code, 1908, Order 20, Rule 1 -- Additional evidence when case fixed for pronouncement of judgment - Permissible - Judgment is a stage of a suit - Court in no way loses control over proceedings of suit till its pronouncement and signing the judgment in accordance with provisions of Order 20...........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Expressions hearing of suit and stage of suit - Not synonymous - Clear distinction has to be drawn - Hearing of a suit would be where Court fixes a date for some acts to be done by either of the parties - Stage or a later stage of suit would be a stage till pronouncement of judgment when Court becomes functus officio of case..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte decree - Setting aside - Substituted service - Trial Court ordered substituted service by way of munadi without recording any finding as to in what circumstances defendant could not be served by ordinary process - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 6(b), 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service, recording of reasons - Defendant No. 1 not served whereas defendant No. 2 duly served and represented by his counsel - Without recording any reasons Court on that date itself directed that defendant No. 1 be summoned through munadi for next date - Court..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 5, Rule 19-A -- Exparte decree - Setting aside - Service of summons by publication in newspaper - No steps taken for affixation on residential premises - No steps taken for service of summons by registered post - Summons not duly served - Setting..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte decree - Setting aside - Substituted service - Order directing substituted service was not passed in accordance with mandatory provisions of O.5.R.20 CPC - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 20, Rule 11 -- Co-surety cannot insist that the creditor should proceed either against the principal debtor or against other sureties before proceeding against him as the liability of a surety is joint and several. (Contract Act, 1872, S.128)...........
Civil Procedure Code, 1908, Section 96(3), Order 20, Rule 5-A -- Order 20.R.5-A is not attracted when consent decree is passed as no appeal lies against such a decree...........
Civil Procedure Code, 1908, Section 20 -- The place where the plaintiff resides or carries on business in itself will not give jurisdiction to the Court at that place...........
