Civil Procedure Code, 1908, Section 115, Order 38, Rule 5 -- Revisional Court staying further proceedings in the suit-trial has jurisdiction to consider the application under order 38 rule 5 during subsistence of stay order...........
Civil Procedure Code, 1908, Order 5, Rule 19A, 20(2), Civil Procedure Code, 1908, Order 9, Rule 13 -- Non-compliance with specific order of Court for issue of summons by registered post also - Not a mere irregularity - Incumbent under Rule 19-A to issue summons by both modes prescribed for service i. e. ordinary process as also service by registered post - If no specific..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Enables Appellate Court to mould relief in the interest of justice - Permissible to do so only when there is a properly constituted appeal - Provision generally applied when relief to be granted to one respondent against the no, appealing respondent - If no properly constituted appeal - No question of attracting provision of..........
Civil Procedure Code, 1908, Section 35B, 96, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 3 -- Failing to produce evidence and to pay costs - Evidence closed under order 17 rule 3 - does not amount to ex parte decree - application under order 9 rule 13 is not maintainable - remedy lies in appeal u/s 96 CPC...........
Specific Relief Act, 1963, Section 6, 41, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1(c) - - Temporary injunction preventing dispossession of plaintiff- Word "threatens" in clause (c) implies a wrongful act on part of defendant and taking the law into his own hands-Defendant when seeks to recover possession through judicial process by way of execution of a..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Any illegality in compromise under Order 23 Rule 3 on the basis of which consent decree passed - Only remedy of aggrieved person - To approach that very Court...........
Civil Procedure Code, 1908, Section 96(3), Order 23, Rule 3 - - No appeal - No appeal maintainable against consent decree based on compromise entered into between the parties in accordance with provisions of Order 23 Rule 3...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Order of attachment of property or detention in civil prison - Can be passed only against judgment debtor - Not a third party - Sale made in disobedience of decree of injunction - No jurisdiction to set aside under Order 21 Rule 32...........
Civil Procedure Code, 1908, Order 43, Rule 1, 1A, Civil Procedure Code, 1908, Order 23, Rule 11 -- No appeal lies under Section 96(3) from a decree passed by Court with consent of parties - Clause (m) of Rule 1 of Order 43 deleted by Civil Procedure Code (Amendment) Act 1976 with effect from 1.2.1977 and instead Rule lA inserted which provides appeal against a decree..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Collector exercising functions under Section 11 - Not required to observe procedure as prescribed in Civil Procedure Code except to entertainment of claim application in the form of a statement duly signed and verified in the manner provided in..........
