Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Not filed despite grant of several opportunities - Taking written statement on record not opposed by plaintiffs - One opportunity granted to file written statement subject to payment of Rs.15,000/- as costs...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Defendant encroached upon suit land and built a shop - Said facts can only be clarified by way of Commissioner's report - Application allowed...........
Civil Procedure Code, 1908, Order 24, Rule 1, Civil Procedure Code, 1908, Order 38, Rule 5 -- Amount/bank guarantee deposited in pursuance of O.38.R.5 CPC cannot be treated to be one U.O.24.R.1 CPC...........
Civil Procedure Code, 1908, Section 47, Commercial Courts Act, 2015, Section 15 -- Execution - Objection regarding territorial jurisdiction of Court - Petitioner contended that in view of S.15(2) of Commercial Court Act, execution application was not maintainable before civil Court and it ought to have filed before Commercial Court - However, said plea was neither raised..........
Civil Procedure Code, 1908, Order 21, Rule 89, 90, 106 -- Auction sale - Setting aside - JD contended that he was not aware of decree as trial Court passed ex parte decree against him - However, Advocate was appointed by JD who filed vakalatnama and also filed written statement and counter in petition seeking attachment of property - Even, contention of JD that he was not..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendants as plaintiff - Transposition is permitted only where a suit is withdrawn or abandoned by a plaintiff and a defendant applies to be transposed as a plaintiff - Court can allow application having due regard to the question whether the applicant has a substantial question to be decided as against any..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Fraud, misrepresentation and undue influence - Gift deed - Plaint did not contain full particulars of alleged fraud, misrepresentation and undue influence except plaintiff pleading that deceased/donor was addicted to alcohol - Plaintiffs are admitting about execution of registered gift deed in favour of defendant,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for cancellation of sale deed executed by plaintiff in favour of defendant - Sale deed in question speaks about payment of entire consideration money at the time of its execution and title and possession passed to purchaser soon on registration of sale deed - Cheques mentioned in sale deed were..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Suit for Restitution of conjugal rights - Earlier suit for restitution of conjugal rights filed by husband was dismissed as not pressed in absence of a valid marriage - Husband not entitled to file a fresh suit on same set of facts for restitution of conjugal rights - Subsequent suit for restitution of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession - Defendant in his written statement stated that his wife is owner in possession of suit land - In absence of wife of defendant no effective decree for possession could be passed - Presence of wife of defendant is very much necessary for complete and effective adjudication of suit..........
