C P C When an exparte decree is set aside – the defendants cannot be relegated to the position prior to the date of hearing of the suit when he was placed exparte – cannot file written statement but can cross examine witnesses & argue the matter. May 24, 2022 sclaw
C P C Order XXVI Rule 9 of the Code (CPC) gives wide powers to the court to appoint a commissioner to make local investigations which may be requisite or proper for elucidating any matter in dispute, ascertaining the market value of any property, account of mesne profit or damages or annual net profits. May 15, 2022 sclaw
C P C HELD what is applicable to the question of estoppel would not directly apply to the question of res judicata. May 15, 2022 sclaw
C P C HELD Inmates in the old age home are licensees and are expected to maintain a minimum level of discipline and good behaviour and not to cause disturbance to the fellow inmates who are also senior citizens May 9, 2022May 9, 2022 sclaw
C P C Framing of issue of res judicata as preliminary issue – Order of the High Court to direct the learned trial court to frame preliminary issue on the issue of res judicata is not desirable to ensure speedy disposal of the lis between parties. May 9, 2022 sclaw
C P C Auction proceedings – Sale in favour of the Auction Purchaser could not have been set aside only on the ground that the escalation of the prices in property was considered. May 1, 2022 sclaw
C P C Summons/notices issued by the learned Trial Court were returned ‘unclaimed’ – exparte decree -entire decretal amount is deposited by the appellants to show their bonafides – one more opportunity granted to defend bank suit April 17, 2022April 17, 2022 sclaw
C P C Right of defendant to prosecute the plaintiff owing to the dishonour of the cheque issued by the plaintiff cannot be frustrated by seeking a declaration that the said cheque was handed over as a security – Such a declaration cannot be ex facie granted as it would be contrary to the provisions of the N.I. Act and particularly Section 118(a) thereof – Hence, the plaint is liable to be rejected in exercise of jurisdiction under Order VII Rule 11 CPC. April 10, 2022April 10, 2022 sclaw
C P C In view of the difference of opinion expressed by two separate judgments, the Registry is directed to place the matter before Hon’ble the Chief Justice of India for appropriate orders/directions. CONTENTIONS rejection of the plaint under Order VII Rule 11 (d), for deciding the preliminary issue on pure question of law under Order XIV Rule 2(2) and for pronouncing a judgment on admission under Order XII Rule 6 being absolutely different and independent of each other April 4, 2022 sclaw
C P C Civil Procedure Code, 1908 (CrPC) – Order 7 Rule 11 – Madhya Pradesh Land Revenue Code, 1959 – Section 257 – the defendants cannot be permitted to approbate and reprobate and to take just a contrary stand than taken before the Revenue Authority – Therefore, the learned trial Court rightly rejected the application under Order 7 Rule 11 CPC and rightly refused to reject the plaint – March 30, 2022 sclaw
