Civil Procedure Code, 1908, Section 151, 152, Order 23, Rule 3A -- Rectification/correction of compromise deed - Scope of Ss.151, 152 CPC is only to rectify the clerical error in the judgment - Scope cannot be extended to meet out the allegations of fraud in recording compromise and passing of consequent award on the basis thereof - If at all plaintiff is aggrieved by..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police protection - Grant of ad interim injunction restraining defendant from raising construction over suit land in an unscientific manner - Appeal there against pending - Moreover, alternative efficacious statutory remedy U.O.39.R.2-A CPC is available to plaintiff - Order declining..........
Civil Procedure Code, 1908, Section 151 -- Inherent power - Courts should not exercise inherent power when alternative efficacious statutory remedy is available - Inherent power has its roots based upon concept of necessity - Inherent powers should be exercised by Court to do ex-debito justicial - Inherent power should be exercised with circumspection...........
Civil Procedure Code, 1908, Section 151 -- Application for demolition of triple story building constructed by petitioner - Petitioner purchased the suit property after a decree passed in favour of DH - Being transferee pendente lite, petitioner is not entitled to protection of law in view of O.21.R.102 CPC - Moreover, such an issue has to be raised in earlier objection..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of restoration application - Delay of 405 days - Once there was dismissal in default it was required that restoration application was pursued vigorously and prosecuted with due diligence in right earnest - No plausible reason for delay caused in filing restoration..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - If additional evidence is essential for just decision of case, it can be allowed at any stage of the suit - There is no hard and fast rule that additional evidence cannot be permitted in any eventuality after closing of evidence by defendant and at the stage of rebuttal evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of Ahlmad of Court along with record of criminal case wherein original Will and sale deed are stated to be attached - Production of said additional evidence would certainly not cause any prejudice to defendants - Moreover, defendants would also have an opportunity to lead evidence in rebuttal to..........
Civil Procedure Code, 1908, Section 151 -- Re-opening of evidence - Inherent powers of Court - Suit for specific performance - Failure of Power of Attorney holder of plaintiff to give reply to suggestions/questions put in cross-examination by defendant - Plaintiff cannot be permitted to re-open the evidence as it will provide a chance to him to overcome the lacuna, which..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of official witnesses - Plaintiff in his averments stated that evidence was not in his knowledge or could not be produced despite due diligence, but there is not even a whisper as to how said evidence has come to knowledge of plaintiff - Moreover, defendant already adduced his evidence in..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - After closure of evidence plaintiff realised that some more evidence can improve his case - Held, this is hardly a reason to reopen the suit, especially at the stage of arguments...........
