Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Distinction between the two provisions - Stated - Affidavits assume the character of evidence if permitted to be produced by Court for proving a prima facie case and not on merits subject to limitations under Order 19 Rule 1, 2 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 35(3), 97 -- Decree for possession of immovable property - Obstruction by third party - Decree holder gets right under Rule 97 of Order 21 to make an application against third party to have his obstruction removed...........
Civil procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - It is imperative upon the court to come to a positive finding that the suit of the plaintiff suffers from such formal defects which would prove fatal - The object of the rule is not to enable the plaintiff after he has failed to conduct his..........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3 -- Compromise - Validity - Can be challenged either in a petition under proviso to Rule 3 of Order 23 or an appeal under S.96(1) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- The thrust of Rule 2-A is not of implementation of the order but of punishment of violation of order of injunction or of undertaking given to the Court...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Disobedience of injunction - Court does not become functus officio on decision of the case and the application under Order 39 Rule 2-A cannot be dismissed solely on that ground...........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction purchaser applying for possession of property purchased in Court sale - Limitation - Period of one year starts from date of issuance of sale certificate and not from date of confirmation of sale even though sale becomes absolute on confirmation - Order 21 Rule 95 applies to all..........
Civil procedure Code, 1908, Section 65, Order 21, Rule 92, 95, Limitation Act, 1963, Article 134 -- Auction Sale - Becomes absolute upon its confirmation under rule 92 - Title vests in auction purchaser from date of sale after its confirmation - For purpose of limitation for filing application for delivery of possession of property sold, date of confirmation is not the..........
Civil Procedure Code, 1908, Section 104, Order 39, Rule 2-A -- Order of detention In civil prison passed under order 39 Rule 2-A for flouting order of Injunction - Order is appealable under S.104(h) of the Code...........
Civil Procedure Code, 1908, Order 11, Rule 21, 11 -- Rule 21 can be invoked by a party only if the opposite party has failed to answer the interrogatories further or to answer fully the interrogatories in pursuance to an order under Rule 11 of Order 11 CPC...........
