Ex parte decree – Setting…
Ex parte decree – Setting aside – Defendant was duly served as he himself signed copy of summon – Period of limitation therefore, would commence from date of decree and not from date of knowledge – Application U.O.9.R.13 CPC was filed beyond the period of limitation and no application for condonation of delay of 6 […]
Execution – Eviction Decree -…
Execution – Eviction Decree – Third person is not entitled to file an application U.O.21.R.97 CPC, as said application may be filed by a DH in event of execution of decree is resisted or obstructed by any person obtaining possession of property.
Application U.O.21.R.99 CPC – Lies…
Application U.O.21.R.99 CPC – Lies only after dispossession.
Provision of O.18.R.17 CPC empower…
Provision of O.18.R.17 CPC empower Court at any stage to recall and examine any witness whose evidence it deems essential for the judicious adjudication of the matter and would be required to clarify on certain issues but at the same time it is to be kept in mind that the same is not a provision […]
Appointment of Commissioner to record…
Appointment of Commissioner to record evidence of plaintiff – Court has power U.O.26.R.4-A CPC to appoint Commissioner for recording evidence of plaintiff – Order allowing application calls for no interference.
Appellate Court Cannot Permit Production…
Appellate Court Cannot Permit Production Of Additional Evidence Unless & Until Procedure Under Order XLI Rules 27-29 CPC Is Followed: Supreme Court
Application U.O.15-A CPC – While…
Application U.O.15-A CPC – While considering application U.O.15-A CPC ought to direct deposit of damages/occupation charges upon termination of tenancy based on prevalent market rent.
