Civil Procedure Code, 1908, Order 34, Rule 7, 8 -- Mortgage - Decree for redemption of mortgage - Cannot be passed without following procedure laid down U.O.34.Rr.7, 8 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - Subsequent event - Whenever there is subsequent events of fact or law, which have a material bearing on rights of parties to relief or on the aspects of moulding appropriate relief to parties, Court is not precluded from taking cognizance of subsequent changes of fact and law to mould the relief...........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Settlement of dispute - S.16 of the Act, can be made applicable only when parties are able to reach a settlement after a reference to ADR u/s 89 CPC...........
Court Fees Act, 1870, Section 16, 16A, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Settlement of dispute - Case incorporates elements referable to both Ss.16, 16-A of the Act - Parties were referred to mediation and it was successful and parties arrived at a settlement, which was incorporated in a decree - Since conditions of S.16 of the Act satisfied,..........
Civil Procedure Code, 1908, Section 96 -- First appeal - High Court while dismissing the appeal preferred by defendants could not have passed any further order beyond judgment and decree passed by Trial Court, more particularly, in absence of any cross objection and/or cross appeal preferred by plaintiffs...........
Civil Procedure Code, 1908, Section 152 -- Judgment/order - Rectification of typographical error or any clerical mistake - Once, judgment/order is pronounced and if any party to the same wants any rectification of any typographical error and any clerical mistake regarding date or number, such a party may apply to the concerned Court for correcting such an error in the..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibition of documents - After closure of evidence of defendants - Suit for declaration - Documents sought to be exhibited are certified copies of Record of Rights and rent receipts - Reason for no, filing of documents at the time of trial is vague - Record of rights are public documents and same are always available -..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Order allowing revision petition and remanded matter for Executing Court for fresh consideration, cannot be considered as adverse order - No error apparent on the face of record - Review petition not maintainable and remedy is by way of appeal only...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - It must be confined to error apparent on the face of record and review proceeding is not by way of an appeal - Re-appraisal of entire materials on record for finding error would amount to exercise of appellate jurisdiction which is not permissible...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Partition suit - Intervenor purchased property and thus, has direct interest over subject in dispute - Intervenor is therefore a necessary party - Application rightly allowed...........
