Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Essential requirement for order of attachment is mala fide intention and conduct of defendant in disposing of property with dishonest intention of defeating or delaying the decree that may be passed in the suit...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Specific particulars or details of property which the defendant is intending to sell has to be given in the application - In the absence of the same application U.O.38.R.5 CPC not maintainable...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Jurisdiction of Court to order attachment before judgment arises only when it is satisfied by Affidavit, supported by particulars that defendant is about to dispose of whole or any part of property with intention to obstruct or delay the execution of decree that may be passed against him...........
Civil Procedure Code, 1908, Section 47 -- Execution - Ex parte decree - Validity of ex parte decree cannot be challenged before executing Court - Executing Court cannot go behind the decree - If defendant is aggrieved by ex parte decree passed by Civil Court, it is open for him either to file an application before trial Court for setting aside ex parte decree and for..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for recovery of rental compensation - Land of respondents acquired under Land Acquisition Act - Claim of rental compensation was not relatable to said Act - Dispute in respect of payment of rental compensation arise on the basis of resolutions passed by Government - Civil Court thus have..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 4 -- Amendment of written statement - L.R's of deceased defendant cannot amend written statement and raise a plea which his predecessor failed to raise till trial commenced, unless it is shown that in spite of due diligence deceased defendant or his L.R's could not bring on record the..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Delay in deposit of rent - Suit for arrears of rent and eviction filed in the year 1985 and written statement filed in the year 1986, but rent for first time deposited in the year 2003 - Explanation or reason for not depositing the rent that lessee was not obliged to deposit the rent as lessor had..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Benami transaction - Transaction refereed in plaint occurred in year 1971-72, before passing of Benami Transaction Act, 1988 - However, suit filed after passing of said Act - What is relevant is the date on which suit is filed and not the date on which transaction itself occurred - Since averments in..........
Civil Procedure Code, 1908, Order 7, Rule 11(a), Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Relevant facts which need to be taken into consideration for deciding application U.O.7.R.11(a) & (d) CPC are the averments made in the plaint and the pleas taken by defendant in written statement would be wholly irrelevant at that stage and the..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of Legal heirs - Question for determination of heirship is not a declaration, but an issue as to who is the actual legal heir of deceased...........
