Civil Procedure Code, 1908, Section 73 -- Rateable distribution - In order to be entitled for rateable distribution, a decree holder must not only show that he has filed an execution petition before assets held by a Court were received but also he must satisfy the Court that he has not obtained satisfaction of decree...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction - Appeal - No appeal lies against an ad-interim injunction order except in extra-ordinary circumstances, as to no, compliance of mandatory provisions, or rarest of rare case, where order is perverse or biased or it suffers from lack of jurisdiction - Moreover, jurisdiction of Court to examine..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - In its finding Court confusing territorial jurisdiction with cause of action - Territorial jurisdiction being questioned ought to have been looked into in the light of objection raised in the application U.O.7.R.11 CPC - Impugned order set aside - Matter remitted for decision..........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 9 -- Rejection of application U.O.22.R.9 CPC by an appellate Court (not being High Court) - Order is appealable before High Court...........
Civil Procedure Code, 1908, Section 13(e) -- Foreign judgment - Fraud - Utmost care and caution should be exercised while holding that a foreign judgment was procured by fraud which would otherwise operate as an estoppel against plaintiff...........
Civil Procedure Code, 1908, Section 13 -- Foreign judgment - There cannot be a retrial of issue on merits unless foreign judgment is dislodged for weighty reasons...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of suit for retrial of issues is impossible unless all defendants in the suit are eo-nominee impleaded in the appeal suit also against decree...........
Civil Procedure Code, 1908, Section 149, Order 7, Rule 11(c) -- Deficit court-fee - Power to extend time for payment of deficit court fee can be exercised only when plaintiff offers a legally acceptable explanation for no, payment of court fee within period of limitation and Court records its satisfaction with regard to the same...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of restoration application - Delay of 405 days - Once there was dismissal in default it was required that restoration application was pursued vigorously and prosecuted with due diligence in right earnest - No plausible reason for delay caused in filing restoration..........
Civil Procedure Code, 1908, Order 21, Rule 37, 38 -- Execution of joint decree - Once there is a decree against all judgment debtors passed jointly, decree holder can choose against whom he is to proceed for the safe, early and effective recovery of fruits of the decree...........
