Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Prayer to file appeal as an indigent person rejected - Impugned order set aside as appellant not yet received the money under Motor Accident Claims petition - Secondly an enquiry was necessitated since nothing on record speaks of claimant having filed the claim petition as an indigent person -..........
Civil Procedure Code, 1908, Section 96 -- First appeal - First Appellate Court is required to address all the issues and determine the appeal upon assignment of cogent reasons - Therefore, it would be wholly improper to allow first appeal without adverting to the specific findings of trial Court...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Third party auction purchaser or the assignee from the decree holder is not entitled to object restitution on the ground that he is a bona fide purchaser...........
Civil Procedure Code, 1908, Order 21, Rule 66, 54 -- Auction sale - Proclamation - Sale proclamation should mention the estimated value of the property and such estimated value can also be given U.O.21.R.54 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 54(1), 66 -- Execution - Attachment of property - When only one of attached properties was sufficient to satisfy the decree there was no requirement for effecting sale of entire attached property...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale of property - Only such portion of property as would satisfy decree is to be sold and not the entire property - Court's power to auction any property or part thereof is not just a discretion but an obligation imposed on the Court and the sale held without examining this aspect and not in conformity with this..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Substitution as LR's in a case by itself will not give any title in favour of person so substituted - It only confers the right to represent the estate of deceased in the pending proceedings...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - While dealing with report sent by subordinate Court U.O.22.R.5 CPC, appellate Court may consider the findings of subordinate Court and then give its reasons before reaching any conclusion - O.22.R.5 Proviso CPC cannot be construed to be a delegation of powers of appellate Court to substitute the deceased..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Compromise underwent procedural delays due to various adjournments and subsequent loss of original compromise - However, fresh compromise application identical to original was submitted and verified by trial Court fulfilling all the requirements of O.23.R.3 CPC - Terms..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Fact which is not specifically pleaded cannot be proved by evidence, as evidence cannot travel beyond pleadings...........
