Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An erroneous view of law is not a ground for review and Court cannot rehear and correct an erroneous judgment by way of review...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review cannot be extended to re-appreciation of evidence led by parties before trial Court nor can High Court in exercise of its power of review sit over its own judgment regarding interpretation of a document...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting mala fide, or that by his blunder, he had caused injury to his opponent which may not be compensated for by an order of costs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Before commencement of trial - Amendment sought to bring true facts before Court and would not cause irreparable loss to plaintiffs - Amendment application allowed subject to payment of cost of Rs.2000/-...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Removal of encroachment - Court while directing to remove encroachment does not state on what basis Court has arrived at conclusion that there had been an encroachment - There is nothing forthcoming to prove that defendant had caused any encroachment - Impugned order set aside -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff specifically pleaded that defendant had fraudulently manipulated family settlement deed in absence of plaintiff and proforma defendants, therefore said family settlement is illegal void ab-initio - Cause of action accrued to plaintiff when defendant threatened to dispossess him from suit land -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Parties are yet to prove their respective contentions - Point of limitation requires to be decided along with other issues between parties - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 3A, Constitution of India, 1950, Article 226 -- Compromise decree - Writ petition - Maintainability - Only remedy available to a party to a consent decree or any person not a party to a suit or appeal, to avoid such consent decree, is to approach the same Court which recorded the compromise and made a decree in terms of it and..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Limitation - No limitation is provided for execution of decree of permanent prohibitory injunction...........
Civil Procedure Code, 1908, Section 50, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Legal heirs of deceased DH can maintain execution petition against legal heirs of deceased JD in view of S.50 CPC - S.50 of CPC is not confined to a particular kind of a decree and it would cover cases relating to execution of decree for injunction as well...........
