Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - To set aside ex parte decree case should fall in either of the two categories viz. (i) that summons were not duly served and (ii) that there was sufficient cause for not appearing on the date when suit was called out for hearing...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Obstructed by JD - DH has specifically stated that JDs have started interfering with his possession despite knowing about the decree for permanent injunction - Even JDs themselves have admitted that they are in occupation of suit land, which plea is contrary to the decree for..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - Even in a suit for injunction, where there is a necessity for demarcation of land, an Advocate-Commissioner can be appointed...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - Bar of suit - Plea of res judicata and bar of suit cannot be considered on the basis of an application u/s 11 and O.2.R.2 CPC in absence of any issues - It has to be specifically pleaded by defendant in suit and trial Court should have specifically framed a specific issue in that regard - Plaintiff..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for permanent injunction filed after a gap of one year of the date fixed for execution of the agreement - Held, suit for permanent injunction is not maintainable in the absence of relief prayed for specific performance of the agreement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought at the final arguments stage to include the left out properties - In case suit continues in present form it is likely to be rejected on the ground of no, inclusion of all the properties - In order to reduce the rigours of litigation and the hardships that may be..........
Civil Procedure Code, 1908, Section 151 -- Grant of police aid - Implementation of Court orders - When parties violate orders of injunction or stay, Court can, by exercising its inherent power, put back the parties in the same position as they stood prior to issuance of injunction order or give appropriate direction to police authorities to render aid to aggrieved parties..........
Civil Procedure Code, 1908, Section 148 -- Extension of time - Suit for specific performance - Compromise decree - Decree which is brought under compromise cannot be in any way altered by Court - Court has no such power, for otherwise, it would mean that what parties have agreed upon can be subject to variation by Court's discretion - Court does not enjoy any such..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3, 5 -- Death of plaintiff - Substitution of L.R's - Enquiry for determination of L.R's - Appellant claiming L.R. of deceased plaintiff - Defendant denied the same - In such case, Court has to determine the status of L.R of deceased party to suit by holding enquiry - Rejection of application and dismissal of suit as..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff/Karta of Hindu Joint Family - Substitution of succeeding karta - Eviction suit - Objection by tenant - Interest devolved upon the succeeding karta - No need to conduct any enquiry as provided U.O.22.R.5 CPC - Status of petitioner is apparent that he is tenant, therefore he should pursue his case on the..........
