Civil Procedure Code, 1908, Order 21, Rule 11(3), Civil Procedure Code, 1908, Order 20, Rule 6A(2) -- Execution - Consent decree - Non-filing of certified copy of decree along with execution application for the reason that same was not passed by Court - Execution application is still maintainable, as so long formal decree was not passed order recording compromise was to be..........
Civil Procedure Code, 1908, Section 152 -- To invoke powers u/s 152 of the Code, two conditions must be present, viz. (a) There has to be a judgment or decree or an order, as the case may be, and (b) judgment or decree or order, as the case may be, must contain any clerical or arithmetical error for its rectification - Any party to such judgment, decree or order, as the..........
Civil Procedure Code, 1908, Section 151, Order 20, Rule 6A -- Drawing of decree - Where Court disposed of suit and did not draw a decree but only passed the order, DH was required to file an application u/s 151 r/w O.20.R.6-A CPC to Court for drawing a decree in accordance with order passed - High Court was thus, not justified in directing appellant to apply u/s 152 CPC..........
Civil Procedure Code, 1908, Section 35A -- Compensatory cost - Frivolous objections to avoid execution of decree - Imposition of cost of Rs.5 lakh for filing applications raising therein frivolous objections to avoid execution of decree is excessive - It is thus, just and proper to impose a compensatory cost of Rs.50,000/-...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Proof and relevancy of document is different from marking of the same...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Whether contents of document go to prove delivery of possession of property to plaintiff or not is an aspect, which has to be gone into while appreciating aspect of proof of document...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Demarking of document - Agreement to sell filed along with plaint - Defendant does not take any objection with regard to said document either in his written statement or at the time of its marking - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - No ground disclosed to condone delay - Extension of time will be allowed in exceptional circumstances occasioned by reasons beyond control of defendant - In absence of any explanation, no illegality in impugned order of Courts below in declining to..........
Civil Procedure Code, 1908, Order 27, Rule 8A, Civil Procedure Code, 1908, Order 41, Rule 5, 6 -- Stay application filed by Government - O.27.R.8-A CPC may exempt Government from furnishing security for seeking stay of execution of money decree - It, however, does not provide that decretal amount cannot be required to be deposited in appeal against a money decree...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Death of one of plaintiffs - Non-impleadment of LRs of deceased plaintiff - When right to sue survives, there is no question of abatement of entire suit/appeal on the ground of no, impleadment of legal heir of deceased plaintiff...........
