CiteTEXT
...Council and this Court would reveal true import, scope and ambit of Section 100 CPC.”Cases decided prior to the 1976 Amendment both by the Privy Council and the....43. Even before the amendment, interference under Section 100 CPC was limited, which has now been further curtailed, which we would be dealing in cases decided by this Court after the ...Section 100 CPC is now confined to cases where a question of law is involved and such question must be a substantial one. Section 100, as amended, reads as under...
....3. Indiscriminate and frequent interference under Section 100 CPC in cases which are totally devoid of any substantial question of law is not only against the legislative intention.... Despite declaration of law in numerous judgments, it is evident that the scope and ambit of Section 100 CPC has not been properly appreciated and applied in a large number of cases. We are, once again...Privy Council and this Court would reveal true import, scope and ambit of Section 100 CPC.Cases decided prior to 1976 amendment both by the Privy Council and the Supreme...
...cases to the trial court for deciding the application under Order 7 Rule 11 CPC on the basis of the averments in the plaint, after affording an opportunity of being heard to the parties in accordance...) in Civil Revision Petitions Nos. 256 and 257 of 2002 dated 7-5-2002.3. These cases have a chequered history but in the view we have taken, we do not consider it necessary to...and therefore are not binding on the plaintiff.”4. The appellant filed an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short “CPC...
.... The power under the provisions of Order 18 Rule 17 CPC is to be sparingly exercised and in appropriate cases and not as a general rule merely on the ground that his recall and re-examination would...attorney by the appellant and the other heirs of deceased Vadiraj Naggappa Vernekar and as required under Order 17 Rule 4 CPC (sic Order 18 Rule 4), his evidence by way of an affidavit was filed before...it was, therefore, necessary to recall him for further examination-in-chief under the provisions of Order 18 Rule 17 CPC.6. By order dated 7-7-2006, the learned Single...
...governed by CPC. The CPC has been amended from time to time. Recently also, in order to cut short the delays at various levels in disposal of civil cases, CPC was amended by the Amendment Act of 1999...Procedure Code, 1908 (for short ‘CPC’) seeking to recall the order dated 30.5.2001 and to re-open the plaintiff's side to lead further evidence afresh. Another application I.A No. 5 was filed under...Order 18 Rule 1 and 2 and u/s 151 of CPC seeking permission for the plaintiffs representative to lead further evidence. The XVH Additional Small Causes Judge, Mayo Hall Unit...
...review of authorities on the subject, stated the principles applicable to cases covered by Order 17 CPC in the form of the following propositions (at p. 253):“(a) If the...to defend. This leave was granted unconditionally by the trial court after a perusal of the cases of the two sides. Order 37 Rule 3 of the Civil Procedure Code lays down...not less than seven questions on which the parties were at issue. The learned Judge had, after discussing the cases of the two sides and holding that triable issues arose for adjudication, nevertheless...
...about by the wicked conduct of the defendant is no ground for refusing aid and help to the defendant under or. 34 rule 5 cpc. Cases illustrative of the above legal position...rule 5 cpc. That was the subject matter of a few reported cases. A provision of the limitation act, 1963 of 1908 which corresponds to the present article 127 of the.... 34 r. 5 cpc and deposited all the amounts due to the auction purchaser under the decree and asked for the return of his documents and setting aside the sale. The lower court allowed this application...
...provisions of Order 18 Rule 17 CPC is to be sparingly exercised and in appropriate cases and not as a general rule merely on the ground that his recall and re-examination would not cause any...151 of the Code of Civil Procedure, 1908 (in short “CPC”) for placing on record certain documents and the other under Order 18 Rule 17 read with Section 151 CPC for seeking permission to recall PW 1 for...with Section 151 CPC and another application under Order 7 Rule 14 read with Section 151 CPC? The trial court dismissed both the applications, however, the High Court by the impugned order CM (M) No...
...Sub-section (2) of Section 98, CPC also would remain out of picture in such cases. Under these circumstances there would remain only the residuary provision of Sub...of procedure of Section 98, CPC which enables invocation of the procedure of Clause 36 of the Letters Patent via Section 98(3), CPC itself in cases where Section 98(2) does not apply as in the present...questions, the petition is required to be dismissed under Order XLVII Rule 6, CPC, 1908 ('CPC' for short), keeping the order sought to be reviewed untouched...
...such a remand was considered pre-eminently necessary ex debito justitiae, though not covered by any specific provision of Order 41 CPC. In cases where additional evidence is required to be taken in...K.S Vidyanadam v. Vairavan (1997) 3 SCC 1 which is a two-Judge Bench decision and a few other decided cases. On behalf of the plaintiff-respondent reliance was placed on...made by the High Court. Prior to the insertion of Rule 23-A in Order 41 of the Code of Civil Procedure by the CPC Amendment Act, 1976, there were only two provisions contemplating remand by a court of...
...CPC, in cases where the arbitration was not through the intervention of the Court, the mere fact that the objections to the filing of such an award were overruled by one and the same order by which a...the CPC (See the cases of Kshetra Nath v. Ushabala Dasi, 18 C.W.N 381 : (A.I.R (1) 1914 Cal. 899) and Troilokya Nath v. Sukumar...
...open to the High Court to bypass Section 10 CPC by invoking Section 151 CPC.13. Before concluding, we may clarify that we have not gone into the merits of the two cases....6. On 20-6-2003, the respondent herein filed an application under Section 10 read with Section 151 CPC, in the said Suit No. 1732 of 1995. By the said application, the respondent herein...application for stay under Section 10 CPC. The said civil revision petition was opposed by the appellant inter alia on the ground of non-applicability of Section 10 CPC to the facts of the present case. By the...
...Section 98 CPC the said provision cannot get attracted to cases where a Division Bench of the High Court decides writ petition under Article 226 of the Constitution of India in exercise of its...would remain out of the picture in such cases. Under these circumstances there would remain only the residuary provision of sub-section (3) of Section 98 CPC which clearly enjoins that nothing in the...procedure of clause 36 of the Letters Patent via Section 98(3) CPC itself in cases where Section 98(2) does not apply as in the present case. Section 98(3) CPC, as seen earlier, clearly indicates that Section...
....3. In view of the specific requirement contained in sub-rule (2) of Rule 72-A of Order 21 CPC that in cases where leave to bid is granted to the mortgagee, the Court shall fix a reserve price as...decree-holder, had applied before the court for permission to make the bid under Order 21, Rule 72-A CPC. Such permission was granted to the respondent by the court by order dated 2-1-1981. Although...CPC. The said objection was rejected by the learned Single Judge and the appeal filed by the appellants has been dismissed by the Division Bench of the High Court by the impugned judgment...
...R.A.Achuthanand, the matter is now stands at the stage of rendering judgments after the cases was heard and reserved for judgments and, therefore, Order IX Rule 7 of CPC has no application. He also...1stdefendant was diligent in knocking the doors of this Court immediately after the orders were passed in the applications filed under Order IX Rule 7 of CPC as by then cases were still at..., permitting the 1stdefendant to participate in the proceedings would necessarily mean that the cases have to be reopened. In an application filed under Order IX Rule 7 of CPC cases reserved...
...R.A.Achuthanand, the matter is now stands at the stage of rendering judgments after the cases was heard and reserved for judgments and, therefore, Order IX Rule 7 of CPC has no application. He also...1stdefendant was diligent in knocking the doors of this Court immediately after the orders were passed in the applications filed under Order IX Rule 7 of CPC as by then cases were still at..., permitting the 1stdefendant to participate in the proceedings would necessarily mean that the cases have to be reopened. In an application filed under Order IX Rule 7 of CPC cases reserved...
...R.A.Achuthanand, the matter is now stands at the stage of rendering judgments after the cases was heard and reserved for judgments and, therefore, Order IX Rule 7 of CPC has no application. He also...1stdefendant was diligent in knocking the doors of this Court immediately after the orders were passed in the applications filed under Order IX Rule 7 of CPC as by then cases were still at..., permitting the 1stdefendant to participate in the proceedings would necessarily mean that the cases have to be reopened. In an application filed under Order IX Rule 7 of CPC cases reserved...
...R.A.Achuthanand, the matter is now stands at the stage of rendering judgments after the cases was heard and reserved for judgments and, therefore, Order IX Rule 7 of CPC has no application. He also...1stdefendant was diligent in knocking the doors of this Court immediately after the orders were passed in the applications filed under Order IX Rule 7 of CPC as by then cases were still at..., permitting the 1stdefendant to participate in the proceedings would necessarily mean that the cases have to be reopened. In an application filed under Order IX Rule 7 of CPC cases reserved...
...possession of the property purchased. The answer is that this application ought to have been made under the terms of O. 21, R. 95, read with Section 47 of the CPC. The cases of this Court have not been...
Can't display summary as content is Scanned, Please open the judgment to see full content.