Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Application U.O.21.R.26 CPC filed before executing Court, which had passed the decree, is not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 5(2) -- Scope - Stay of execution - Provision of O.41.R.5(2) CPC applies, if execution is filed within the limitation period for filing appeal against the trial court's decree...........
Civil Procedure Code, 1908, Section 24 -- Transfer of cases - When most of properties are situated within jurisdiction of District Courts at place `R' and all the parties are also permanent residents of said place, it is desirable to dispose of all the cases pending between parties by District Court at place `R' - Application allowed...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of limitation is a mixed question of fact and law and same cannot be decided as a preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Proper framing of issue is a sine qua non for the purpose of a proper trial...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Once a document is already admitted in trial Court and has not been challenged by opposite party at that time, its admissibility cannot be taken into consideration by Appellate Court...........
Civil Procedure Code, 1908, Order 13, Rule 9 -- Return of admitted documents - Once documents have served their purpose in litigation and are no longer required by Court, should be returned to their rightful owner and not necessarily to the party who physically submitted the documents in Court...........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Written statement - has to be filed within prescribed time frame irrespective of whether an application U.O.7.R.11 CPC is considered or not...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Filing of written statement is not a condition precedent for considering an application U.O.7.R.11 CPC - Therefore, it is not permissible for trial Court to dismiss the application on the ground that written statement was not filed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For consideration of application filed U.O.7.R.11 CPC, only the averments made in the plaint are required to be considered and not that in written statement...........
