Civil Procedure Code, 1908, Section 35B -- Cost - Non payment - Suit cannot be dismissed for non-payment of costs - Non-payment of costs can result in forfeiture of the right to further prosecute the suit or defence as the case may be...........
Civil Procedure Code, 1908, Section 35B -- Costs - Witness bound down subject to payment of cost - Witness appeared and was cross examined - However, no objection was raised qua non payment of cost - While imposing cost it was not mentioned as to what would be the consequences of non payment of cost - Dismissal of application to strike off defence for non deposit of cost,..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Tenant did not deposit monthly rent due within a week of its accrual in accordance with his liability under second part of O.15.R.5(1) CPC - Instead, tenant made applications for adjustment of rent due against expenses towards painting and repairs etc., which are not relevant..........
Civil Procedure Code, 1908, Section 115 -- Revision - Executing Court contemplated enquiry for ascertaining whether land in question is part of executable decree - Enquiry report does not fall within purview of "any case which has been decided by any Court subordinate to such High Court" - Powers u/s 115 CPC cannot be invoked for challenging enquiry report...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If cause of action is disclosed then correctness of cause of action is not required to be examined at this stage...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Delay - Appeal not accompanied by an application for condoning delay - It is a curable defect - If required such an application can be filed subsequently and appeal can be treated as presented in accordance with requirement contained in O.41.R.3-A CPC...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Delay - Appeal not accompanied by an application for condoning delay - Appeal cannot be rejected in a case where appeal is not accompanied by an application for condoning delay...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Cannot be claimed as a matter of right and only on genuine reasons, delay is to be condoned and not otherwise...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Simpliciter denial in absence of any categoric denial to factual averments made in plaint, would be deemed to be admitted...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Concurrent findings of both the Courts below that defendant was in illegal possession of suit property based on report of Local commissioner qua which no objections were filed by defendants - No question of law much less substantial question of..........
