Framing Substantial Question of Law Essential to Pass Interim Order -CPC
The Supreme Court held that High Courts lacked the jurisdiction to grant an interim order at that stage of the second appeal without framing the substantial question of law as…
Conditions for Applicability of Res judicata between co-defendants -Civil Procedure Code, 1908- S. 11
When in earlier suit rights of co-defendants in respect of suit land were neither in issue, nor ever adjudicated, held, principle of res judicata will not be applicable. Ratio Decidendi-…
Civil Procedure Code, 1908 — S. 47 and Or. 21-Alteration of terms of decree by executing court
Held, This elucidation of the law is unexceptionable. It is undeniable that an Executing Court can construe a decree if it is ambiguous. However, as in the facts of the…
Civil Procedure Code, 1908 — Or. 9 R. 13 r/w S. 17 of the Provincial Small Cause Courts Act, 1887 — Ex parte eviction decree
Principles clarified relating to validity of rejection of application for setting aside of ex parte eviction decree on ground that amount towards further use and occupation of suit shop not…
Civil Procedure Code, 1908 — S. 11 — Res judicata — Applicability
The issue in the first suit was limited only as to whether the respondent-plaintiff has a right to construct the latrine in the passage. The issue as to whether the…
Civil Procedure Code, 1908 — Or. 22 Rr. 3, 4 and 11, Or. 39 and Or. 43 R. 1(r) — Death of party and bringing of LRs on record
The fact that in the suit, the legal representative was not substituted would not result in the consequence which the High Court has found in the impugned order having regard…
Civil Procedure Code, 1908 — Or. 33 and S. 11 — Application to file suit as indigent person
Legality of refusal of application to file suit as indigent person, on ground of res judicata and lack of cause of action, determined. When having prima facie found that the…
Civil Procedure Code, 1908 — Or. 41 Rr. 1(3), 5 and Or. 27 R. 8-A — Deposit of decretal amount for maintaining appeal:
Instead of depositing entire decretal amount as directed by High court, the deposit as directed by State Government of Rs 45,00,000 can be taken as sufficient compliance of direction issued…
Civil Procedure Code, 1908 — Or. 12 R. 6 — When Grant of relief on the basis of admission is permissible
Grant of such relief is discretionary in nature. Requirements for exercise of such power, namely: specific, clear and categorical admission of facts and documents on record are necessary. Power under…
Or. 9 R. 13 and S. 115 — Setting aside of ex parte decree
Condonation of delay in filing of application for setting aside ex parte decree- necessity of proper examination of whether ex parte decree was justified, and whether sufficient cause had been…