Civil Procedure Code, 1908, Order 34, Rule 5 -- Mortgage suit for recovery - Final decree - Limitation for final decree is three years, as Art.137 of Limitation Act applies to an application for final decree - Right to apply for final decree accrued to plaintiff Bank on expiry of six months from preliminary decree i.e in 2001 - Application for final decree filed in 2013..........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 23, Rule 1 -- Writ petition - Unconditional withdrawal of earlier writ petition - Will bar second petition on same cause of action not in terms of O.23.R.1 CPC but in terms of public policy of not permitting litigants to come to Court time and again on basis of same cause of action...........
Civil Procedure Code, 1908, Order 21, Rule 11(2), 105, 106 -- Execution - Dismissal in default - Decree holder has remedy either to apply for setting aside the order or file a repeat application - Decree holder can file number of applications for execution of decree, till decree is satisfied...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Interim injunction - Suit for recovery - Interim protection granted in 2006 by Division Bench in force till date - Said order was not challenged - After lapse of 11 years, vacation of injunction order sought on ground that suit is for recovery of damages - Said submission is unsustainable - Interim order passed by Division..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Recovery suit - Leave to defend - Defendant failed to make payment in terms of MOU, as cheques issue by him got dishonoured - Plaintiff filed complaint u/s.138 of NI Act - Unless there is substantial defence and pleas raised by defendant giving rise to triable issues leave to defend cannot be granted...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- A defendant cannot seek deletion of name of co-defendant...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Election Petition - While drafting petition an error occurred in naming one of respondent due to supply of wrong name of Polling officer/Returning officer to petitioner under Right to Information Act - No change/amendment was sought in pleadings or in..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence not produced due to lapse of counsel - Shifting of responsibility on the counsel is not a ground to allow additional evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence closed by order - To allow additional evidence thereafter is to circumvent order of closure of evidence. (Para8)..........
Civil Procedure Code, 1908, Order 44, Rule 3(1) -- Appeal by indigent person - Provisions of O.44.R.3(1) CPC, is applicable in second appeal, as there is no separate provision for the same...........
