Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Court has power to pass order of conditional attachment U.O.38.R.5(3) CPC if it was not passed alongside the direction issued U.O.38.R.5(1) CPC - Such an order can be passed at any stage of a suit as clearly stated in U.O.38.R.5(1) CPC...........
Civil Procedure Code, 1908, Order 38, Rule 6(2), 5(3) -- Attachment before judgment - O.38.R.6(2) CPC can have no application in a case where property specified in application or any portion of it has not been attached by invoking O.38.R.5(3) CPC...........
Civil Procedure Code, 1908, Order 38, Rule 6(2), 5(3) -- Attachment before judgment - Order to issue notice is equal to issuance of a direction U.O.38.R.5(1) CPC - This aspect will be clear if we read O.38.Rr.5(1), 5(4) together because without a direction U.O.38.R.5(1) CPC, any order passed U.O.38.R.5(3) shall be void...........
Civil Procedure Code, 1908, Order 38, Rule 6(2) -- Attachment before judgment - O.38.R.6(2) CPC is not intended to cover cases in which defendant successfully showed cause against attachment before judgment, in which no conditional attachment order U.O.38.R.5(3) CPC has been granted...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Grant of temporary injunction without notice - Opposite party always has remedy to move same Court by filing an appropriate application seeking its recalling/modification - Even when all parties have been heard, Court is still vested with power to change its order, provided either there is change of..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 1885 days in seeking setting aside ex parte decree - Matrimonial case - Affidavit supporting petition to condone delay devoid of any material particulars - Though, husband stated that he was under treatment for mental illness, but dates of alleged treatment if..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Once a property is dedicated for public charity and merely for reason that same is being used by one of trustees or his legal heirs for personal use, it will not become their own property and will remain a public property...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to file suit u/s 92 CPC - Defendants admitted execution of trust deed - Contention of defendants that they are using property for their own use and some shops have been let out and their names are recorded in Nagar Palika record does not confer any right or title on them - At the stage of grant of leave, prima..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Rejection of plaint - Application for amendment of plaint pending - Application for amendment of plaint be decided prior to deciding application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Vexatious claim should be thrown out at the threshold...........
