Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of 1012 days - Condonation of delay - Reasons assigned by defendant for condoning delay are in usual and causal terms - There is no proper and satisfactory explanation offered by defendant for each and every day of delay - Delay in filing application for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was proceeded ex parte on the basis of notice sent through registered cover and report of postman regarding refusal - Postman not examined in evidence - Plaintiff knew that Director of defendant Company works in Hospital - Even, no effort was made to serve defendant on that address..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Trial Court disposed of suit on merits and not on preliminary issue - In appeal, first appellate Court set aside judgment and decree of trial Court and directed trial Court to decide suit afresh - Order of remand passed by first appellate Court is in exercise of its powers U.O.41.R.23-A CPC and not U.O.41.R.23 or..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - When defendant supports the decree, he need not to file any cross-objection regarding a particular issue held, against him, because when decree is in his favour, he may during course of arguments agitate that finding against him in Court below in respect of any issue which ought to have been in his favour...........
Registration Act, 1908, Section 71, 23, 25 -- Refusal to register a decree - On the ground of limitation - Limitation prescribed u/ss 23, 25 of the Act will not apply to a Court decree, since it is not compulsory registrable - Respondent directed to register certified copy of decree in question...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Show cause notice was issued and served and JD even appeared and sought time to make payment and thereafter stopped appearing - Although conditional warrant of arrest has been issued, but it is stated that in case payment is made, then JD is not to be arrested and..........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Attachment of property and detention in prison - U.O.21.R.30 CPC, both the procedure with respect to attachment and also detention in prison can be taken against JDs either individually or simultaneously - Even, in a situation where amount is partly recovered by attachment and sale, for recovery of..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Proclamation - If a part of property is sufficient to meet decree debt, there is a duty cast upon Court to fix extent of property to be sold with specifications like boundaries, survey numbers etc. for identification of property to auction purchasers...........
Compromise decree -- Registration - Compromise decree beyond subject matter of suit in between family members - Does not require registration - The principle is based on the fact that family settlement only declares the rights which are already possessed by the parties. (Registration Act, 1908, S.17)...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Can be passed even if subject matter of agreement, compromise or satisfaction is not the same as subject matter of suit in terms of provisions of O.23.R.3 CPC...........
