Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Can be set aside if summons were not duly served or if a party is prevented by sufficient cause from appearing in response to the summons...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Death of plaintiff during pendency of suit - One of the heirs already representing the deceased plaintiff - Defendant undertaking not to contest the issue regarding non maintainability of suit for want of impleadment of all the legal heirs of original plaintiff - No..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - Issue of res judicata - It is a mixed question of law and fact, though relates to jurisdiction of Court - Cannot be treated as preliminary issue...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of deceased plaintiff at the stage when suit was fixed for final arguments - Proposed amendment is subsequent event and is essential in order to avoid multiplicity of proceedings inter se parties - Amendment is not destructive to original pleadings - No prejudice is caused to..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree by JD - Proceedings U.O.21.R.32 CPC, are punitive proceedings - JD can be punished only on the basis of positive cogent and reliable evidence in order to prove that JD has intentionally and voluntarily disobeyed the decree passed by trial Court...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree for permanent prohibitory injunction - Disobedience of decree by JD - Onus to prove that JD has intentionally and voluntarily disobeyed the decree is upon DH - Having failed to discharge the said onus, JD cannot be held liable for disobeying the decree of trial Court...........
Civil Procedure Code, 1908, Section 115 -- Revision - High Court empowered to interfere with the findings of facts only if findings of facts are perverse - High Court cannot reappreciate the evidence in its revisional jurisdiction...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Suit dismissed as withdrawn - Application is not maintainable, as suit was neither dismissed U.O.9.R.2 or O.9.R.3 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Sale - Duty of Court - Only such portion of property that will satisfy decree alone be sold and not entire property...........
Civil Procedure Code, 1908, Order 21, Rule 64, 97 -- Auction - Sale - Right of auction purchaser arises only on confirmation of sale and till then his right is nebulous and has only right to consider for confirmation of sale...........
