Civil Procedure Code, 1908, Order 9, Rule 4, 3 -- Suit dismissed in default due to Lawyers strike - Restoration of - Stringent view taken regarding strike of lawyers in S. Maharaj Bakash Singh's case 1986 (2) P. L. R. 179 Dissented - Non-appearance of counsel for plaintiff due to strike of Lawyers - Should not stand in way of restoration provided application within time -..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37, 40 -- Court can secure presence of judgment-debtor, if necessary by issuance of warrant of arrest - Order 21 Rule 40 and Section 51 come into operation after Court wants to send judgment-debtor to civil prison for the reason that decree had remained unexecuted - Contention that warrant of arrest of judgment-debtor..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Contemplates cases : (i) in which a suit brought by a plaintiff who subsequently discovers that he cannot get full relief he seeks without joinder of some other person as co-plaintiff; and (ii) where it is found that some other person and not the original plaintiff entitled to relief claimed - In first contingency, a new..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Arrest and detention of judgment debtor in prison in execution or enforcement of decree - Made subject to certain conditions and limitations prescribed in Proviso to Section 51 and Order 2L Rule 37 - Execution of decree for payment of money by detention of judgment-debtor in prison - Not to be ordered unless..........
Civil Procedure Code, 1908, Order 21, Rule 103, 99, 63, 58 -- No order of Court for attachment of property - Property sold in execution of decree belonged not to judgment-debtor but to third party (judgment-debtor sold property about a year and half earlier) - On date of auction property belonged to third party and not to judgment-debtor - Bar of Order 21 Rule 63 does not..........
Civil Procedure Code, 1908, Order 41, Rule 20, Civil Procedure Code, 1908, Order 22, Rule 4 - - Not a case of abatement under Order 22 Rule 4 - Covered by Order 41 Rule 20 - Proper course - To make application under Order 41 Rule 20 and claim condonation of delay...........
Civil Procedure Code, 1908, Section 35B, 115, Order 23, Rule 1 - - Suit for declaration and permanent injunctio, Ex-parte ad interim injunction obtained - First suit allowed to be withdrawn on payment of costs - Second suit dismissed for no, prosecution - Third suit filed and ex-parte ad interim injunction obtained - Costs not paid - Court allowed third suit to be..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Maintainability of suit after dismissal of objections as to attachment of suit property in execution of decree - Plaintiff must prove that objections filed earlier not entertained because same designedly or unnecessarily delayed - Executing Court dismissed first objection petition not on the ground of designedly or..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 36 -- Order of cancellation of allotment challenged in Civil Court as void and without jurisdiction - No notice issued to allottee - Notice issued to one of the transferees from allottee received back with the report not available at his house and other two notices issued to two other transferees not..........
Civil Procedure Code, 1908, Order 8, Rule 11 -- To find out whether a plaint discloses a cause of action or not - Court to look only into averments made in plaint assuming them to be correct for the time being - Cannot depend on averment made in written statement or any other evidence produced - To reject a plaint under Order 7 Rule 9-Court right at initial stage has to go..........
