Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - If property is large and decree to be satisfied is small, Court shall bring to sale only such portion of the property, the proceeds of which would be sufficient to satisfy the claim of the decree holder - It is immaterial whether the property is one or several - This is not just a discretion, but an obligation..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 4, Rule 1(3) -- Rejection of plaint - As per O.4.R.1(3) CPC there can be no due institution of a suit without proper court fees being paid - Purpose of O.7.R.11 CPC is that relief which is not properly valued for the purposes of court fees be not put to trial and should be rejected at the..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1 -- Rejection of plaint - Appeal - Quantification of damages - Plaintiff without appropriately valuating the suit for relief of recovery of damages claimed and without quantifying the damages claimed and paying appropriate Court fees thereon is not entitled to have claim for damages..........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit - Written contract - Purchase order is a written contract - Expression `written contract' does not say that it should be signed written contract - It is enough that there is written contract - Impugned order of Court refusing to treat the suit as one U.O.37 CPC set aside - Trial Court directed to issue..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Bar of fresh suit - First petition for grant of decree of divorce filed by husband withdrawn without seeking leave of Court to institute a fresh petition for grant of decree of divorce - Second petition for divorce filed by husband refers to several acts of cruelty inflicted by wife on..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - An ex parte injunction order is an exception - General rule is that injunction order be passed only after notice to defendant - It is only in rare cases where Court finds that object of granting injunction would be defeated by delay, Court can grant ex parte injunction but that..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - Court to record reasons for its opinion that object of granting injunction would be defeated by delay - Requirement of recoding reasons is not a mere formality but a mandatory requirement...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Property in possession of Receiver u/s 146 Cr.P.C. - Civil Court is competent to grant injunction - Magistrate u/s 146 Cr.P.C. has power to attach the subject of dispute "until the competent Court determines the rights of parties thereto with regard to the person entitled to possession thereof" -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High court cannot be precluded from reversing the order and judgment of lower appellate court if there is perversity in decision due to mis-appreciation of evidence - Even if both trial court and lower appellate court have given concurrent findings, there is no absolute ban on High Court in second appeal to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Can be allowed only when there is a substantial question of law involved - However, it is settled law that High Court can interfere in second appeal when finding of First Appellate Court is not properly supported by evidence. (Para 11)
Cases referred:
AIR 1965 SC 1564 (Para 8); 2002(1) Apex Court..........
