Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership in possession - Civil Court cannot grant declaration on the basis of revenue records - It is duty of plaintiff to produce document of title...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Plaintiff once having consciously entered into a compromise showing his inclination not to pursue the suit cannot question execution of the same and based on that cannot seek recall of the decree passed by Court...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree - Petitioner failed to prove the twin requirements which are required to be proved before an order U.O.21.R.32 CPC is passed - Standard of proof required for proving willful violation is to be strictly construed - Moreover, petitioner is basing her case only on the decree,..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleaded `No instructions' - Defendant proceeded ex parte and ex parte decree passed without issuing notice to defendant - There is no provision under CPC or rule of practice that in case of no instruction by a counsel, a notice is required to be issued to a party whose..........
Civil Procedure Code, 1908, Order 9 -- Ex parte - O.9 CPC indicates that after participation by any of party in civil suit, if his counsel fails to appear or pleads "no instruction", civil Court would proceed ex parte - In absence of Rule, it is not mandatory either for trial Court or Appellate Court to issue fresh notice for appearance...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleaded `No instructions' - Defendant proceeded ex parte and ex parte decree passed without issuing notice to defendant - There is no provision under CPC or rule of practice that in case of no instruction by a counsel, a notice is required to be issued to a party whose..........
Civil Procedure Code, 1908, Order 9 -- Ex parte - O.9 CPC indicates that after participation by any of party in civil suit, if his counsel fails to appear or pleads "no instruction", civil Court would proceed ex parte - In absence of Rule, it is not mandatory either for trial Court or Appellate Court to issue fresh notice for appearance...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Application for setting aside ex parte decree was filed after a substantial delay and no document in support of application for condonation of delay was filed - Application is barred by law and thus, liable to be dismissed solely on the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Application for setting aside ex parte decree was filed after a substantial delay and no document in support of application for condonation of delay was filed - Application is barred by law and thus, liable to be dismissed solely on the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not only served the notice of civil suit but he participated till closure of evidence of both the parties - At the time of final argument `No instructions' was pleaded - No sufficient ground was shown for non-production of evidence despite six opportunities to defendant -..........
