Civil Procedure Code, 1908, Order 21, Rule 105 -- Execution petition - Dismissal in default - Not a bar for filing fresh execution petition provided it is within time...........
Civil Procedure Code, 1908, Order 21, Rule 46, 46A -- Notice to garnishee - Executing Court should first attach the debt U.O.21.R.46 CPC before proceeding to pass order U.O.21.R.46-A CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Apartment complex - Appointment of Commissioner to know the exact extent of alleged encroachment or alleged alteration to any building can be satisfied only by appointment of an Advocate Commissioner - Application allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Apartment complex - Encroachment or alteration - Plea of defendant that plaintiff himself has produced photos of the actual site and that there was no necessity for appointment of Commissioner - Task of an Advocate Commissioner would throw more light into the actual facts on the spot and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Right, title and interest of plaintiff on suit property on basis of registered sale deed has been concurrently held by Courts below - No unimpeachable and credible evidence on record to deny such right, title and interest of plaintiff over suit property - Findings of fact concluded..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Partition suit - Defendant was engaged in treatment of his son who died subsequently - Whenever defendant was free, he participated in proceedings - It cannot be said that defendant remained inactive - Defendant had adequate and sufficient reason for not appearing before Court - Ex parte..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of a document on the ground of sufficiency of stamp has to be raised when document is tendered in evidence - Once a document is admitted in evidence, such admission cannot be called in question at any stage of suit or proceedings on the ground that instrument has not..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Once parties are specific and categoric in their respective stand, trial Court has to be conscious while framing issues so as to decide lis between parties in a complete and effective manner...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - One issue should cover only one fact or law in dispute between parties - Each material proposition of fact or law affirmed by one party and denied by other has to form the subject matter of a distinct issue...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - If any part of amount claimed by plaintiff is admitted by defendant to be due from him, leave to defend the suit cannot be granted unless the amount so admitted to be due is deposited by defendant in Court...........
