Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Objections - Petitioner did not abide by compromise decree and has not performed his part of obligation therein though he himself received benefits under said decree from DH - Objection of petitioners against execution petition were nothing but a challenge to compromise decree - Executing Court could..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of land - By appointing a commission to demarcate the land will not amount to collection of evidence in favour of one party for the reason that result remain a contingent and may favour either or none of parties - Application allowed...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Recall of - Defendant entered into settlement with plaintiff on the basis of GPA on behalf of his siblings and himself - None of siblings of defendant challenged the factum of execution of GPA - However, their allegations are that defendant had betrayed them and got GPA executed under wrong influence -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - First Appellate Court should not have proceeded to pronounce judgment without deciding application filed U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Substitution as LR's in a case by itself will not give any title in favour of person so substituted - It only confers the right to represent the estate of deceased in the pending proceedings...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - While dealing with report sent by subordinate Court U.O.22.R.5 CPC, appellate Court may consider the findings of subordinate Court and then give its reasons before reaching any conclusion - O.22.R.5 Proviso CPC cannot be construed to be a delegation of powers of appellate Court to substitute the deceased..........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - S.144 CPC is applicable with regard to dispossession pending suit or when decree is varied or reversed in appeal - Post decree possession in a decree for permanent injunction have to be redressed in an enquiry U.O.21.R.32 CPC - Since the violation alleged is continuing one, there is no time limit for an..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Reasonable time was not afforded to opposite party to oppose prayer made in the application for interim relief despite the fact that prayer has been made on behalf of defendant to file reply - Trial Court hastened to pass an interim order in mandatory form which in fact is pari materia to prayer as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit - Plaintiff has filed the suit not only for cancellation of sale deed but also sought to declare said sale deeds not binding on him apart from seeking perpetual injunction - However, trial Court rejected the plaint in part only to the extent of relief of cancellation of sale deeds..........
