Civil Procedure Code, 1908, Section 35B, 151 -- Costs - Non-payment - Relaxation - Court has power for granting relaxation if, non payment of costs are due to circumstances beyond the control of the defaulting party...........
Civil Procedure Code, 1908, Section 115 -- Revision - Against an order relating to adequacy of Court fee paid by plaintiff - Not maintainable, as the object of Court fee Act is to collect revenue for the benefit of State and it cannot be used by defendant to obstruct the progress of suit...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application U.O.9.R.7 CPC can be entertained only if hearing is adjourned - Such an application cannot be entertained after conclusion of arguments and when only judgment remains to be pronounced...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Since both the Courts below have granted relief of possession in respect of suit property on basis of admission made in written statement, instant appeal does not raise any substantial question of law - Appeal dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Warrant of possession with police aid - Not permissible in the first instance - In the first instance only warrant of possession is to be issued which may be by breaking open locks and doors - It is only when there is resistance or obstruction and an application is filed by DH complaining of such resistance or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from causing obstruction and interference in the enjoyment of property under contract - Contract in question already cancelled and as such there was no question of preventing defendants from committing any breach of contract - Moreover, nowhere in pleadings or application any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from causing obstruction and interference in the enjoyment of property under contract - Subject contract already terminated and yet without seeking any interim stay upon effect and operation of order of cancellation of contract or any restoration of status quo ante, a prayer..........
Civil Procedure Code, 1908, Section 97 -- Appeal - Partition suit - No appeal filed challenging preliminary decree, it becomes final - Aggrieved party therefore, cannot be permitted to challenge its correctness in an appeal against final decree...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Eviction petition - Subsequent events - During pendency of proceedings subsequent events had taken place which led to landlady daughter to come to Ludhiana - Circumstances changed and now need of demised premises was for her daughter - In such..........
Civil Procedure Code, 1908, Order 25, Rule 1 -- Security for costs - It is not mandatory to direct that plaintiff provide security for costs in each and every case - Court is required to record reasons in writing if Court feels that such an order is necessary - However, O.25.R.1 Proviso, CPC is couched in affirmative terms - It is applicable only in cases where plaintiffs..........
