Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons - Notice served on defendant by substituted service in local newspaper which is less in circulation in the locality - Service of notice not acceptable - Defendant has shown sufficient cause to set aside ex parte decree Ex parte..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Tenant seeking appointment of Local Commissioner in appeal - Appellate Court dismissed application by holding that there is sufficient evidence led by both the parties on record to adjudication upon the controversy - Nothing stated as to what prevented for not filing such application in the trial Court -..........
Civil Procedure Code, 1908, Section 152 -- Correction/amendment of decree - Correction of khasra number can be effected if there is no dispute of identity of suit property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted against owner of land on the basis of registered sale deed executed after full consideration having been paid for the same...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of LRs - Only requirement for filing LR application is death certificate - Family member certificate is not required for filing LR application...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Res judicata - Findings recorded by Court/Tribunal while deciding application U.O.7.R.11 CPC will not operate as res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit whether barred by law - To be determined from the statements in the plaint - It is not open to decide the issue on the basis of any other material including written statement in the case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide application it is only the plaint allegation has to be seen and not the defence which is being taken by defendant either in his written statement or in his application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Money decree - Attachment of salary - High Court stayed the order of Executing Court subject to payment of Rs.2.50 lakhs which was deposited by the petitioner - Petitioner allowed to pay the remaining decretal amount in two instalments - In the event of any default in these payments, order of attachment would..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Whether suit is barred by any law must be determined from the statements in the plaint and it is not open to decide the issue on the basis of any other material including written statement in the case...........
