Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Execution - Eviction - Plea of ownership - Suit already pending with regard to legal status wherein decree holder also impleaded as a party - Said suit shall take its own course - Moreover, it is surprising that in execution proceedings relating to eviction decree, how could the petitioner be declared to be..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Term `error or mistake apparent on face of record' signifies error which is evident per se from records of case and does not require any detailed examination, scrutiny and illustration either of facts or legal position...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Merely because order or decision is erroneous cannot be reviewed on ground that different view can be taken on point of fact or law, as Court will not sit in appeal over its judgment...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Scope - Power of appellate Court - While reversing findings U.O.39.Rr.1, 2 CPC, appellate Court has limited jurisdiction and should not go beyond prayer made in temporary injunction and grant final relief at interim stage...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Provision of O.18.R.3-A CPC being procedural law is not mandatory in nature...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Examination of authorized representative before examining other witnesses - Such direction issued on an application filed by defendant which is totally in conformity with provision of O.18.R.3-A CPC, as plaintiffs has not sought any permission from Court to examine its authorized representative after examination of other..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Petition u/s 125 Cr.P.C. is maintainable when maintenance is granted by civil court which is purely gratuitous and unwarranted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintainability - Husband filed petition u/s 9 of Hindu Marriage Act - Wife expressed readiness and willingness to resume co-habitation with husband - Decree of restitution of conjugal rights is passed with condition that in case husband does not take wife with him and resume co-habitation, he will pay maintenance..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to seek alternative plea of adverse possession - Suit for possession and permanent injunction - Destructive plea of adverse possession by way of amendment can be taken - No doubt, objection can be taken by plaintiff at first instance, but still cannot be said to be too late in a day when..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Wrong address of defendants given by plaintiff - Report of process server recorded that defendants already left the said address - Plaintiff on 5 consecutive hearings, did not give the correct address nor filed any registered AD - Alleged service of defendants on the same address by means of..........
