Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Decree against a dead person is construed as nullity and a decree passed in favour of a dead person is not construed as nullity...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Auction sale - Executing Court normally follow procedure U.O.21.R.64 CPC while selling property - Further, Executing Court shall sell entire property or only a portion of it, as deemed necessary to satisfy decree - If petitioner is able to show that property worth is more than decretal amount than value of amount..........
Civil Procedure Code, 1908, Order 11, Rule 1(5), Civil Procedure Code, 1908, Order 11, Rule 1(4) -- Production of documents - O.11.R.1(5) CPC does not deal with additional documents and it is O.11.R.1(4) CPC which is concerned with additional documents...........
Civil Procedure Code, 1908, Order 11, Rule 1(5) -- Production of documents - O.11.R.1(5) CPC is applicable to commercial suit only with respect to documents which were in plaintiff's power, possession, control or custody and not disclosed along with plaint - Since it is not the plaintiff's case that documents were not in their possession or control and were subsequently..........
Civil Procedure Code, 1908, Section 97, 151 -- Preliminary decree - Amendment of - Provision of S.97 CPC does not bar application for amendment of a decree, in case it necessitates to do justice between parties...........
Civil Procedure Code, 1908, Section 100A -- Intra Court Appeal - Not maintainable once Single Judge of High Court decides an appeal arising from original or appellate decree or order...........
Civil Procedure Code, 1908, Section 100A -- Intra Court Appeal - Once intra Court appeal against order sought to be reviewed is not maintainable, then order rejecting an application for review cannot be assailed through medium of intra Court appeal because there can be no challenge to order rejecting review application unless order sought to be reviewed is challenged...........
Civil Procedure Code, 1908, Order 47, Rule 7, Civil Procedure Code, 1908, Order 43.R(1)( -- Appeal - Order rejecting an application for review is not appealable in terms of O.47.R.7 CPC, whereas order granting review is appealable in terms of O.43.R.1(w) CPC...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournments - Unnecessary adjournments and adjournments on the mere asking of parties/counsel has to be declined...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournments - O.17.R.1 CPC states that on sufficient cause being shown, Court may at any stage of suit, grant adjournment for reasons to be recorded in writing provided no such adjournment should be granted more than three times to a party...........
