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CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]

CIVIL

CPC O. 39 R. 1 and 2 – Injunction restraining the petitioner from interfering with the respondent’s possession upheld. Petitioner’s claim of purchasing a share from a co-sharer rejected due to lack of evidence of possession by the co-sharer or the petitioner. Undivided shares can be sold but possession requires partition by metes and bounds. Injunction properly granted; petition dismissed. [ID 213901]

CIVIL

CPC O. 39 R. 1 & 2 – Injunction is an equitable relief – “He who seeks equity, must do equity’ – In the facts and circumstances of the case, it appears that the plaintiff has not come to the Court with clean hands and as such, no prima facie case is made out in his favour. [PLRonline 459764]

CIVIL

Judgment on Admissions – Order XII, Rule 6, Civil Procedure Code, 1908

Home Category CIVIL CPC

CPC

CPC S. 104 – Procedure prescribed under Order XLIII, Rule 2 CPC applies

CPC

CPC S. 100, 103 – Second appeal lies only on a substantial question of law

Second appeal lies only on a substantial question of law Civil Procedure Code , 1908 (V of 1908), Section 100,...

CPC

CPC S. 104 – Procedure prescribed under Order XLIII, Rule 2 CPC applies

CPC O. 42 R. 2, CPC O. 41 R. 31 Civil Procedure Code, 1908 (V of 1908), Section 104, Order...

IPC, S. 84 – Where Exception under Sec.84 is claimed

CPC

CPC S. 151- Inherent powers of the Court cannot override the express provisions of the law

Civil Procedure Code, 1908, Section 151 - Inherent power of the Court - Scope of - cannot override the express...

CIVIL

CPC, O. 5 R. 1, O. 9 R. 1, 6 – Civil Court shall not proceed to pass ex parte Judgment within 30 days from the date of service of Summons in Suit – Ex parte decree passed within 30 days of summons would be in breach of O. 5 R. 1, C.P.C. – Set aside

Civil Procedure Code, 1908 (V of 1908), Order 5 Rule 1, Order 9 Rule 1, Order 9 Rule 6 -...

CIVIL

Constitution of India, Article 227 – Alternate remedy under CPC

Constitution of India, Article 227 - The observations of the Hon'ble Supreme Court in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai...

CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

CIVIL

CPC O.11 R.14 – Order to petitioner to produce documents – Upheld.

Civil Procedure Code, 1908 (V of 1908) - Order XI Rule 14 (O. 11 R. 14) - Rule 14 of...

CIVIL

CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

Right of appeal under Section 96(2) CPC is a statutory right. Civil Procedure Code 1908 (V of 1908), Order 9...

CIVIL

CPC S. 96 – Apart from the substantive suit challenging the Consent Decree to which they were not a party, appeal filed under section 96 CPC seeking restoration of the Suit disposed on basis of consent decree

Civil Procedure Code, 1908 (V of 1908), Section 96 – That apart from the substantive suit challenging the Consent Decree...

CIVIL

CPC S. 90 – Court Fee refund – Compromise/settlement has taken place outside the Court

Court Fees Act, 1870 (7 of 1870) Section 16 Civil Procedure Code, 1908 (V of 1908) Section 90 – Court...

CIVIL

CPC S. 64 – comes into operation only if a decree of attachment has been obtained and alienation of the property takes place thereafter.

Transfer of property Act, S. 52 Section 52 puts a bar on alienation of property which is the subject-matter of...

CIVIL

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CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]

Judgment on Admissions – Order XII, Rule 6, Civil Procedure Code, 1908

CPC

CPC S. 100, 103 – Second appeal lies only on a substantial question of law

CPC S. 104 – Procedure prescribed under Order XLIII, Rule 2 CPC applies

CPC S. 151- Inherent powers of the Court cannot override the express provisions of the law

CPC, O. 5 R. 1, O. 9 R. 1, 6 – Civil Court shall not proceed to pass ex parte Judgment within 30 days from the date of service of Summons in Suit – Ex parte decree passed within 30 days of summons would be in breach of O. 5 R. 1, C.P.C. – Set aside

Constitution of India, Article 227 – Alternate remedy under CPC

CPC O.11 R.14 – Order to petitioner to produce documents – Upheld.

CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

CPC S. 96 – Apart from the substantive suit challenging the Consent Decree to which they were not a party, appeal filed under section 96 CPC seeking restoration of the Suit disposed on basis of consent decree

CPC S. 90 – Court Fee refund – Compromise/settlement has taken place outside the Court

CPC S. 64 – comes into operation only if a decree of attachment has been obtained and alienation of the property takes place thereafter.

CPC S. 47 – Revision validity of attachment not raised in objection

CPC S. 47 – No authority with the executing court to set aside, modify or vary the consent decree

CPC S. 47 – Impleadment of necessary party

CPC S. 25 – Transfer of case – Age of wife is relevant factor

CPC S. 11 – Resjudicata – Interlocutory order

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