Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Evidence of defendants was closed after giving adequate opportunity to lead evidence to defendants - Even in application moved U.O.8.R.1-A(3) CPC, there was no prayer for reopening of evidence - It was for defendants to exercise due diligence at appropriate time - Conduct of defendants shows that in guise..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 33 -- Preliminary decree for partition - Modification - Preliminary decree attained finality by drawing up of final decree which is executed - Plaintiff cannot seek modification of share granted to her in preliminary decree...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 33 -- Preliminary decree for partition - Modification - Preliminary decree can be drawn afresh or modified only before final decree is drawn up...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent prohibitory injunction - Plaintiff filed a simpliciter suit for injunction and no relief has been sought against petitioner - Nothing brought on record by petitioners that he is necessary or proper party to suit and in his absence no effective decree could be passed at..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Police aid - Violation of ex parte injunction order - Court cannot straight away order police aid without disposing of interim injunction petition because granting police aid to implement an ex parte injunction order may cause prejudice and hardship to opposite party, without hearing him - Party can take..........
Civil Procedure Code, 1908, Section 151 -- Custody of child - Father seeking custody of minor daughter - Father granted permission to visit child periodically - Application u/s 151 CPC by father praying for allowing him to admit his daughter in a Public English Medium institution at his own cost for the purpose of overall development and welfare of child - Application..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - To be allowed only after furnishing a copy of the application to the petitioner and affording him an opportunity to make submissions either orally or by filing a reply to such application - Proper procedure not followed - Impugned order set aside...........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Evidence of defendant was closed, as defendant and his counsel remained absent - Application for reopening of evidence filed one year after suit was posted for arguments - No affidavit of defendant filed in support thereof nor any reason assigned for not filing one - Explanation offered by defendant for not..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Inconsistent plea sought to be taken by way of amendment - Amendment if allowed will take away the right which has already accrued to defendant by virtue of pleadings - Amendment rightly declined...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police aid sought within 8 to 10 days of passing of ad interim injunction - It is not the period but the circumstances which matter - Trial Court on the basis of video recordings came to conclusion that there was obstruction in breach of order of temporary injunction -..........
