Civil Procedure Code, 1908, Section 100 -- Second appeal - Cannot be entertained if there was no substantial question of law involved therein...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recoding of evidence - Mere marking of a document as an exhibit does not dispense with its proof - Party leading evidence by way of affidavit is not required to exhibit or mark any document and to decide whether document is to be exhibited or marked, as the same is to be decided by Court - Moreover, execution of document in..........
Civil Procedure Code, 1908, Order 37 -- Summary suit - No suit U.O.37 CPC can be maintained on scree, shot of an SMS and same does not qualify as a written contract within meaning of O.37 CPC...........
Civil Procedure Code, 1908, Order 37, Negotiable Instruments Act, 1881, Section 87, 5 -- Summary suit - Cheque - Material alterations - Once the cheque is returned unpaid for the reason of having been altered, the same ceases to be a bill of exchange within meaning of S.5 of Negotiable Instruments Act, 1881 for suit U.O.37 CPC to be maintained thereon unless such..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with permission to file fresh suit - Court can allow plaintiff to withdraw suit, when such suit is likely to fail by reason of some formal defect and continuous of trial, would be a farcical exercise...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with permission to file fresh suit - In case ingredients of O.23 are complied with, withdrawal of suit cannot be declined merely for the reason that ad interim injunction was declined...........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Scope - O.21.R.106 CPC provides remedy in case applications U.O.21.Rr.97, 99 CPC were dismissed in default and Court ordered for execution of decree U.O.21.R.23 CPC - It does not provide remedy for recalling the order dismissing execution application of DH in default - Appropriate remedy is to file an application u/s 151..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Decree not transferred or assigned - Petitioner does not fall in the definition of decree holder, as such, cannot seek execution of decree...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Where the interest of Decree holder in the decree is transferred by assignment in writing or by operation of law, transferee may apply for execution of decree to the Court which it passed...........
Civil Procedure Code, 1908, Section 47 -- Objections - Pre-mature execution - Compromise decree - Time for fulfilling obligation of decree was six months - Execution filed within six months - However, no actual proceeding of execution case is going to be performed before expiry of six months period from decree - Execution decided after six months and no failure of justice..........
