Civil Procedure Code, 1908, Order 32, Rule 2 -- Minor - Suit filed without next friend - Appointment of next friend subsequent to filing of suit is not bad in law...........
Civil Procedure Code, 1908, Order 32, Rule 2 -- Minor - Suit filed without next friend - It is a curable irregularity - Minor can cure the defect by appointing a next friend seeking such prayer by filing a separate petition for the same and suit can be proceeded...........
Civil Procedure Code, 1908, Order 26, Rule 1 -- Local Commissioner to record cross-examination - Respondent is suffering from Lungs Cancer and is unable to appear in Court for her cross-examination - Mere fact that husband of respondent is an advocate, apprehension of petitioner that Local Commissioner may be influenced is wholly misconceived and ill-founded, particularly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In absence of prima facie case, if temporary injunction is granted in favour of plaintiff, then defendants will suffer such irreparable loss which cannot be compensated in terms of money...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from disturbing and alienating suit property - Prima facie plaintiff is not sole owner of suit property and his possession of suit property is not prima facie established - Plaintiff is not entitled to relief of temporary injunction - Order allowing application for temporary..........
Civil Procedure Code, 1908, Order 21, Rule 90, 54 -- Auction sale - Setting aside - Sale without valid attachment - Not void...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Mere fact that property was sold for a comparatively low price alone cannot be a reason to set aside sale...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - Sale of both items of property without considering whether sale of one of items would have been sufficient to satisfy decree, is bad in law and liable to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - It is obligation of Court to ensure that only such portion of property which is sufficient to meet the claim in execution petition alone is sold - Words `necessary to satisfy decree' in O.21.R.64 CPC indicate that no sale can be allowed beyond decretal amount mentioned in sale proclamation..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Where copy of draft proclamation schedule is received and an opportunity is availed to file objections, appellant cannot contend that no notice as provided U.O.21.R.66(2) CPC was given to him...........
