Civil Procedure Code, 1908, Section 148 -- Extension of time - Decree for specific performance - Deposit of balance sale consideration - Application has to be filed in the Court which passed the decree and not in the Court executing the decree even if it happens to be the Court which passed the decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant suppressed facts from Trial Court and misrepresented Trial Court in the process of seeking relief U.O.9.R.13 CPC - Held, order setting aside ex parte decree is premised on the said suppression or misrepresentation of facts, is vitiated and has therefore to be interfered with by this..........
Interested witness -- A close relative who is a very natural witness cannot be termed as interest witness - A witness may be called `interested' only when he or she derives some benefit from the result of litigation; in the decree in a civil case, or in seeing an accused person punished...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment at execution stage - Amendment sought to correct name of Kissam - Executing Court rejected the amendment application and also dismissed the execution case - Held, order rejecting amendment set aside and quashed - Execution case revived - Executing Court will correct decree by correcting the name of Kissam..........
Civil Procedure Code, 1908, Section 13, Hindu Marriage Act, 1955, Section 13 -- Dissolution of marriage - Foreign decree - Validity of - Plaintiff-wife did not contest the claim nor agree to passing of the decree - In fact, plaintiff in present case did not have the wherewithal to contest the impugned proceedings - Her bank account had been fraudulently operated by..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession - Statement of defendant by itself is not sufficient to belie the entries in the revenue record - Testimony of PW1 that his wife being co-sharer was in possession thereof remained uncontroverted - Defendant is not justified in claiming that she alone is the owner in possession of the suit land, in..........
Civil Procedure Code, 1908, Section 35, 47 -- Frivolous litigations - Exemplary costs - Execution proceedings - Objections - Petitions/JDs who are in possession of suit property are grossly abusing process of Court to perpetuate their possession and thereby depriving plaintiffs to get fruits of decree secured by them almost 30 years ago and also depriving decree holders of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Application U.O.9.R.13 CPC cannot be filed before trial Court once decree of trial Court merges in the decree of Appellate Court...........
Civil Procedure Code, 1908, Order 26, Rule 1, Land Acquisition Act, 1894, Section 23 -- Market Value - Comparable sale instances - Determination - Appointment of commissioner - Held, it was necessary for the claimant to establish that the lands involved in earlier reference cases are comparable with the land involved in the present case - Without the relevant materials..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 23, Rule 3 -- Decree passed on the basis of statement of a party - Decree thus passed is different from the procedure contemplated U.O.23.R.3 CPC - If Court had recorded statement of a party and proceeds to render a judgment on the basis of such a statement, he cannot be permitted to resile..........
