Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Suit for mandatory injunction - Directing defendants to remove transformer and electric pole installed in the suit property - Pleas sought to be taken by defendant in review application are legal pleas, which require a foundation in the pleadings and the same admittedly did not exist - Moreover, defendant till date..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Commissioner - Suit for permanent injunction - Demarcation of land made by Government agency - Sketch map and stress map marked as exhibits on behalf of plaintiffs without any objection - Evidence is available on record to decide lis - Thus, there is no need to appoint Survey Commissioner - Application..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Expression `sufficient cause' should receive liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fide is imputable to party...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex Parte decree - Setting aside - Condonation of delay - Sufficient cause is shown by defendant for her absence before Court below, as her husband was ill and has subsequently died - Application allowed subject to payment of Rs.10,000/- as costs...........
Civil Procedure Code, 1908, Order 8, Rule 6A(1) -- Counter claim - Not maintainable in respect of property which is not the subject matter of suit...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant failed to appear on account of illness and subsequent death of her husband - Sufficient cause shown by defendant for her no, appearance before trial Court - Delay condoned - Ex parte decree set aside...........
Court Fees Act, 1870, Section 13, Civil Procedure Code, 1908, Section 151 -- Refund of Court fee - Withdrawal of suit with liberty to file a fresh suit - Court cannot exercise inherent power to refund Court fee, as S.13 of Court Fee Act or inherent power cannot be invoked for refund of Court fee when suit is being withdrawn after a full-dressed trial before trial Court -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Stage of proceedings is not relevant for correction of clerical/typographical mistakes which can be corrected even after passing of judgment and decree and can even be corrected during pendency of appeal - Amendment allowed...........
Civil Procedure Code, 1908, Section 92 -- Leave to file suit u/s 92 CPC - Original petition has to be filed for grant of leave as per scheme of S.92 CPC and it should be supported by sufficient document relied on by plaintiff and a copy of plaint so as to have an assessment regarding issues involved in the suit and to take a decision on the leave application - It is not at..........
Civil Procedure Code, 1908, Section 92 -- Leave to file suit u/s 92 CPC - Petition u/s 92 CPC should contain all pleadings in the plaint with reliefs sought and materials relied on - It mandates an exact replica of plaint in addition to cause title - Leave granted in an interlocutory application supported by an affidavit is bad in law and does not satisfy the requirement..........
