Civil Procedure Code, 1908, Section 96, Order 41, Rule 1 -- Appeal - Order dismissing application U.O.20.R.18 R/W O.15.Rr.1, 2 and S.151 CPC - Appeal against such order is not maintainable, as order under appeal was passed on an interlocutory application for passing a preliminary decree and Court did not conclusively determined the rights of parties - Proper remedy is to..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission contemplated U.O.12.R.6 CPC, cannot be equated to fiction of a deemed admission U.O.8.R.5 CPC...........
Civil Procedure Code, 1908, Order 15, Rule 1 -- Disposal of suit at first hearing - Question as to whether parties are at issue on a question of law or fact, can be decided only after stage prescribed in O.14 of the Code is crossed - Question of framing issues arise either after the defendant files written statement or after the defendants are set ex parte - Court can come..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Cause of action - Amendment sought to incorporate Para regarding cause of action in original plaint, which was not mentioned due to bonafide mistake and accidental slip - Application for amendment moved by plaintiff seems to introduce new facts - Plaintiff wants to rectify faults and fill up gap in his..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment should not be allowed after commencement of trial unless Court comes to conclusion that inspite of due diligence, party could not raise matter before commencement of trial...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Limitation - Period of limitation to make application U.O.21.R.89 CPC should be reckoned from date of sale when property is put in auction...........
Civil Procedure Code, 1908, Section 148, Order 21, Rule 89, Limitation Act, 1963, Section 5 -- Auction sale - Setting aside - Limitation - Period of limitation to make application U.O.21.R.89 CPC is 60 days as per Art.127 of Limitation Act - Court has no power to extend time by invoking remedy u/s 148 CPC - Petitioner moved application after delay of 3 days from date of..........
Civil Procedure Code, 1908, Order 21, Rule 89, 64 -- Auction sale - Sale proceeds - Immovable property under auction sale was secured assets of respondent No.2 under Securitization Act, 2002 - Thus, respondent No.2 has valid preferential right to claim sale proceeds for recovery of secured debts - Impugned order directing to make payment of sale proceeds to respondent No.2..........
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 77(1), 83 -- Election petition - Rejection of - Petitioner challenging election on ground of candidate incurring expenses beyond limit - Petitioner showing expenses incurred in newspaper advertisements and public meetings by..........
Civil Procedure Code, 1908, Section 30, Order 7, Rule 14(3) -- Production of documents - Duty of Court - Where Court is of the view document is necessary for proper adjudication of case, even in absence of prayer from either of the parties, Court is at liberty to call for a document...........
