Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents available on record and merely to be tendered in evidence - It would be in the interest of justice that documents sought to be produced in additional evidence are admitted in evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documentary evidence sought to be produced - Documents of such a nature that without the same being on record, competent, effective and complete adjudication of dispute not feasible and moreover this evidence is going to help the Court for wholesome adjudication of the litigation between parties - Additional..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58 -- Attachment - Objections - Framing of issues - Though, it is not necessary to frame issues in all cases requiring adjudication of objection petition U.21.R.58 CPC, but as third party claims right, title and interest in attached property in its own right as owner, the decision of such objections not to be decided..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58 -- Execution - Attachment of property - Objections by third party claiming right, title and interest in attached property - Prima facie appears to have no link with JDs - Opportunity not granted to parties to produce material evidence in support of their respective pleas - Impugned order dismissing objection..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Setting aside - Fraud - Court has inherent power to recall and set aside order obtained by fraud practiced upon Court or when Court is mislead by party even though applicant is not a party to suit...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Setting aside - Fraud - Application by third party - Maintainability - Once even if such third party having slightest interest in the suit property files an application for setting aside a decree obtained by a party by practicing fraud upon Court, S.151 CPC stands attracted to such..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Setting aside - Fraud - Even if wrong provision is mentioned in the application for setting aside decree obtained by fraud, that would not be fatal to maintainability of such application considering the reliefs claimed in such application which was even otherwise falling U.O.23.R.3A CPC...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Setting aside - Fraud - Respondent No.1 in collusion with third party obtained consent decree by practicing fraud upon Court in respect of suit premises - Since no authority had been given to respondent No.1 to execute the power of attorney in favour of third party on behalf of firm, no..........
Arbitration Act, 1940, Section 37, Limitation Act, 1963, Section 5, 14, Civil Procedure Code, 1908, Section 151 -- Limitation - Notice had been issued to petition on 17.07.2007 and objections had been filed on 21.09.2007 whereas original award was produced by Arbitrator on 14.11.2007, thereafter no objections had been filed and all were well aware of proceedings - held, it..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Court Fee - Where court fee is paid subsequent to date fixed by court for making up the deficit court fee, court would treat it as fresh plaint - Restoring of suit after paying court fee to its original number cannot be sustained and same is liable to be set aside...........
