Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of fact and law - Trial Court rightly deferred the issue of limitation to be considered after framing of issue and recording of evidence of parties - Application for rejection of plaint rightly dismissed...........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Serving of summons - On adult member of family whether literate or illiterate is a valid service...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Serving of summons - Mother of defendant accepted the summons on his behalf - They both are residing in the same house and also having a joint mess - Defendant admitted that signatures on the backside of summons were his mother's - He thus, had knowledge not only about institution of suit but..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - Compromise decree which is vitiated by fraud, coercion or misrepresentation, undue influence or mistake can be recalled by same Court - Separate suit to challenge such decree is clearly barred by O.23.R.3-A CPC...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Court to conduct a simple and necessary inquiry and not roving inquiry for coming to conclusion that a prima facie case is made out for accused to stand trial...........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Offence u/ss 13(1)(d), 13(2) of the Act - Allegation relating to accused's disproportionate income in the period between 1974 and 1988 was levelled in an FIR filed 12 years after said period concluded - Charge sheet was filed seven years after registration..........
Criminal Procedure Code, 1973, Section 91 -- Bank account cannot be freezed on summons issued u/s 91 Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - Attachment of property - JD cannot stall execution of money decree on the ground that he filed petition to set aside ex-parte decree unless stay of execution is obtained - Order of sale and attachment of suit property held, Proper...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - JD contended that suit property is not in his possession since 15 years - However, it is not case of JD that suit property is not belong to him and there is no explanation as to how suit property is not in his possession - There is not even the contention of JD that any third party who is in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - While considering prayer for amendment of pleadings, Court must make a distinction between substantive and formal amendments...........
