Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Civil imprisonment - Executing Court is required to issue a show cause notice calling upon JD to appear and to show cause as to why he should not be put into civil prison - However, Court can dispense with issuance of notice when Court is satisfied by an affidavit or otherwise that with the object..........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery decreed - Claim of interest - Cause of action jointly and severely against two defendants - Claim against two defendants is on same footing - Decree for recovery of amount passed against defendant No.1 - Plaintiff denied the interest against defendant No.1 for the reason that contract governing parties had..........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Suit filed against a dead person - Death was not within knowledge of plaintiff and suit filed within time - If Court is satisfied that non impleadment of legal heirs of deceased defendant was a bona fide mistake, then Court has got power to implead them invoking O.1.R.10 CPC and S.21 of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit filed against a dead person - O.22.R.4 CPC is not applicable - O.22.R.4 CPC applies in a case where either plaintiff or defendant dies during pendency of proceedings and not in respect of persons who died prior to institution of proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to bring on record subsequent facts and developments, would be in consonance with fair play - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Evidence beyond pleadings - Cannot be looked into...........
Civil Procedure Code, 1908, Order 6, Rule 2, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Evidence beyond pleadings - Divorce - Cruelty - Petition by husband - Husband seeking divorce on the ground of cruelty - Issue relating to adultery and evidence on this point as well as finding given by Court below, are all beyond pleadings of parties, which cannot be allowed to..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint to be presented before proper Court - Plaint represented - Suit is to be deemed to be filed when represented in the proper court...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Pendente lite transferee - He is entitled to be impleaded in the suit or other proceedings...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Third party objections - Framing of issues - Court is not obligated to follow regular procedure in every false and frivolous objections - Issues are not to be framed in every unfounded, false and frivolous objections filed by someone in execution of a decree - Order dismissing objections, upheld...........
