CiteTEXT
...Division) Shrawasti to decide the
application under order 39 Rule 1 & 2 read with section 151
C.P. C, pending in R. S.No. 1938/2024, Mohd. Yakoob Vs.
Rizwan Khan, expeditiously within...court concerned to
decide the application under order 39 Rule 1 & 2 read with
section 151 C.P. C, pending in R. S. No. 1938/2024, Mohd.
Yakoob Vs. Rizwan Khan, expeditiously within...
...-appearance of the petitioner, the suit was dismissed for default on 1.6.1998 The respondent/O.P filed an application under section 151, C.P Code on 26.6.98 praying for restoration...section 151, C.P Code only for the purpose of disposal of her application under section 24 of the Hindu...such, in the present case, since the suit was dismissed for default, there was no scope on the part of the learned Court below to review the same by exercising power under section 151, C.P Code...
...Rule 7 C.P.C. read with Section 151 C.P. C. which was numbered as 18(E) filed in Original Suit No.355 of 2023 (Smt. Kesar Jahan and others Vs. Shahbuddin and others) expeditiously...persons including the present petitioners. It is argued that in the aforesaid suit, an application Under Order 39 Rule 7 C.P.C. read with Section 151 C.P. C. has been filed by the petitioners which...
...application under Section 151, C.P Code.2. Tulsi Charan Jati filed the above suit for partition of the dwelling house and other lands. The preliminary decree was...favour of the opposite party. The opposite party prayed for delivery of possession with the help of police. The petitioner came up with the application under Section 151, C.P Code...argues that the petitioner without moving the superior Court against the order granting police help has come up with an application under Section 151, C.P Code on some vague...
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...substantial identity is made out the court has power to stay a second suit pending the disposal of a prior one between the same parties under Section 10 and also under Section 151, C.P. G.... In these circumstances these defendants filed an application under Section 10, Civil P. C. to stay the trial of the suit O. S. No. 392 of 1951 till the disposal of the appeal...doubt that the order of the lower court cannot be supported because the provisions of Section 10, Civil P. C. are mandatory and leave no discretion to the courts in respect of...
...filed. In the said petition, under order-VI Rule-17 read with section 151 C.P C, the plaintiff/respondent herein intended to amend the plaint in the following manner...
...10 or in exercise of its undoubted, inherent power under Section 151, C.P. Code.'' 6. After consideration of the arguments of the learned counsel for the parties and going...1973 Madras 25, wherein it was remarked :- ``Order 1, Rule 8, C.P. Code specially enables a party so represented, if he so desires, to come on record. It would be a travesty...
...read with section 151, C.P Code for amendment of the Execution Case No. 1/2005 which was allowed on 5.7.2006 The petitioner/judgment debtors filed an additional written objection on 14.7.2006...objection under section 47, C.P Code filed on 14.7.20062. The circumstances leading to the above application are that the present O.P/decree holders filed a...petitioners filed an application under section 47, C.P Code being J. Misc. Case No. 21/2005. The decree holders filed an application under Order VI, Rule 17...
...(2A)(b) of the W.B.P.T Act, hereinafter referred to as the said Act. On 18.7.2000 the petitioner filed an application under Order 6 Rule 17 read with section 151 C.P Code...rents. After several adjournments, both the applications under section 17(2) of the said Act and Order 6 Rule 17 C.P Code were ultimately fixed for hearing on 11.7.2006 when...applications under section 17(2) of the Act and under Order 6 Rule 17 C.P Code on 18.4.2006 when due to some cogent reason the hearing was adjourned to 11.07.2006 On that date on...
...Section 151, C.P Code, the prayer is for setting aside the decree and judgment dated 1-9-1977.3. When these petitions came up for hearing, there was a preliminary...special provision of sub-section (2) of Section 50 of the Act, the general application of O. 1, R. 10 and Section 151, C.P Code, must be held to have been positively...High Court. Order 1, Rule 10, C.P.C or the inherent power of the court under Section 151, C.P Code cannot be invoked while preferring those...
...1986 CHN 413 it has also been observed that such delay cannot be condoned under Section 151 C.P Code.In this case defendants did not cite any cause, let alone...application under Section 7(2) of the West Bengal Premises Tenancy Act was filed by the tenant-applicant after a delay of 40 days from the date of appearance of the defendants...Section 5 of the Limitation Act was filed and the defendants did not assign any reason for delay in filing the said petition...
...constructed. 5. During the course of hearing, an application under Order 26 Rule 9 read with Section 151 C.P. was filed and this Court appointed a Local Commissioner vide order...and validity of the notifications Annexure P. 1 dated 8.3.1989 issued under Section 4 of the Land Acquisition Act...(hereinafter referred to as 'the Act') and Annexure P. 3 dated 7.3.1990 issued under Section 6 of the Act. 2. In Khasra No. 691 the petitioner has got constructed a residential house after his...
...Section 151, C.P. Code for transfer of case. Accordingly, the Apex Court held that the order passed by the Additional District Judge had no legal infirmity, much less any scope for occasioning failure of...
Court No. - 18 Case :- APPLICATION UNDER SECTION 24 C.P.C. No. - 98 of 2014
Applicant :- Dr. Hanumant Lal Mishra And Another....
By means of the present petition filed under Section 24 C.P.C., the petitioners/applicants have sought for transfer of Original Suit No.361 of 2014 (Dr. Hanumant Lal Mishra and another vs...
...arguments nor did he depute any other advocate on his behalf, Additional District Judge dismissed transfer petition on the ground that there was no provision under Section 151, C.P. Code...provided under section 24 CPC, the same in brief can be summarized as under:-
(i) convenience of parties and situation of property,
(ii) bias of judge hearing the case...
...Order 26 Rule 9 and Section 151 C.P,C seeking a direction to the Advocate Commissioner to revisit the suit schedule property once again along with the Taluk Surveyor and file a report...
...for consideration are:—(1) Whether the opp. party No. 14 could review his earlier order dated 2-4-66 by invoking the powers under Section 151, C.P Code...learned O.E.A Collector (O.P No. 14) could not exercise inherent powers under Section 151, C.P Code to review his own order.Section 38-A of...decision of the Honourable High Court of Orissa, the proclamation of the case has not been served properly. Hence the case is reviewed under Section 151, C.P.C”Merely because the...
...Section 151 of the Civil Procedure Code praying for allowing him to deposit the arrear rent from the period from August 2002 to April 2004. Learned C...Section 151 of C.P Code. Leanred Counsel for the petitioner, in this context, refers to a number of decisions.2. In the case of...learned Court to consider the application under Section 151 of C.P Code on merits so as to decide the fate of the present petitioner/tenant. According to learned Counsel for the...
...argument observed:“Now an appeal is undoubtedly a creature of statute, and no appeal could possibly lie from an order under section 151, C.P Code, taken by...Munsif held that the application was not an application under sec. 144, C.P.C, but could be treated as an application under sec. 151, C.P.C He held that the amount of mesne profits was Rs. 575 only and he...Subordinate Judge agreed with the learned Munsif that the application was not, strictly speaking, an application under sec. 144, C.P.C, but was an application under sec. 151. The learned Subordinate Judge then...
...Section 151, C.P Code on payment of deficit court-fees. There will be no reason to hold that the suit would be taken to have been filed on the date of filing the deficit court-fees. Such was also...jurisdiction to restore the suit on an application under S. 151, C.P Code. It is also found that the possession of the property was delivered on 25-4-62 and the suit was to be filed within a year from that date...court-fee on 28-7-47. It was held that the Court had inherent power under S. 151, C.P Code to restore the suit and as a result of its order of restoration the suit on payment of the court-fee, was to...