Court : Supreme Court of India
Reported in : AIR2008SC429; 2008(1)BomCR53; (SCSuppl)2008(1)CHN117; 2008(2)CTC60; 2008(1)KLT832(SC); (2007)6MLJ1796(SC); 2007(13)SCALE340; (2008)1SCC520; 2007AIRSCW7186; 2008(2)CivilLJ590; 2008(1)ICC578; 2007AIRSCW7186; 2008(2)CivilLJ590; 2008(1)ICC578
..... the execution twelve years when the decree or of any decree order becomes (other than a enforceable or where decree granting a the decree or any mandatory subsequent order directs injunction) or order any payment of money of any civil court or the delivery of any property to be made at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought, takes place:provided that an application for the enforcement or execution of a ..... , the doctrine of merger will have any application whatsoever.it is one thing to say that the respondent was entitled to file an application for review in terms of section 114 read with order 47 rule 1 of the code of civil procedure, but it is another thing to say that the decree passed in favour of the respondent merged with the order dismissing the review application. ..... it is a fact of which judicial notice may be taken of that drawing up and signing of the decree takes some time after the pronouncement of the judgment; the code of civil procedure itself enjoins that the decree shall be drawn up expeditiously and in any case within 15 days from the date of the judgment. ..... the proceeding for computation of mesne profit required to be undertaken in terms of order 20 rule 12 of the code of civil procedure was subject to institution of a proceeding but, by reason thereof, the execution of the decree in regard to the possession of 30 gunthas of land was not required to be awaited till the outcome .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2360; 2007(1)ALD25(SC); 2006(3)AWC2660(SC); I(2006)DMC803SC; 2006(3)KLT84(SC); 2006(6)SCALE194; (2006)6SCC162
..... the state legislature being an appropriate body to legislate in respect of 'administration of justice' and to invest all courts within the state including the high court with general jurisdiction and powers in all matters, civil and criminal, it must follow that it can invest the high court with such general jurisdiction and powers including the territorial and pecuniary jurisdiction and also to take away such jurisdiction and powers ..... opined:i am therefore of the opinion that under item 1 of list ii the provincial legislature has complete competence not only to establish courts for the administration of justice but to confer on them jurisdiction to hear all causes of a civil nature, and that this power is not curtailed or limited by power of legislation conferred on the two legislatures under items 53, 2 and 15 of the three lists. ..... the 1987 act deals with pecuniary jurisdiction of the courts as envisaged in the code of civil procedure and as such the state legislature was competent to legislate under entry 13 of list iii for enacting the 1987 act.in view of the aforementioned authoritative pronouncements, we cannot accept the submission of ..... under entry 11-a of list iii the state legislature is empowered to constitute and organise city civil court and while constituting such court the state legislature is also empowered to confer jurisdiction and powers upon such courts inasmuch as 'administration of justice' of all the courts including the high court is covered by entry 11-a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC887; 2008(1)AWC838(SC); (SCSuppl)2008(2)CHN107; [2008(2)JCR114(SC)]; JT2008(1)SC256; 2007(14)SCALE597; 2008AIRSCW277; 2008(3)CivilLJ65; 2008(1)LH(SC)123
..... not maintainable ; ii) high court committed a serious error in relying upon the orders passed by the trial court from time to time without taking into consideration the fact that in view of section 105 of the code of civil procedure, such orders are open to challenge in an appeal preferred against a final order ;iii) the commissioner appointed to take accounts should be allowed to be cross-examined by a party taking objection to his report and in any event, he is ..... the purpose of determining the issue referred to him by the court in terms of order xxvi rule 11 of the code of civil procedure, principally the books of accounts which were maintained by the firm were required to be taken into consideration. ..... an order dated 2nd may, 1997 the trial court rejected the objections of the appellants opining:taking into consideration, the submissions, replies and evidences of both the sides, civil court had rejected the said suit and against the said order, appeal no. ..... the appellate court had quashed the order of the civil court and share of the plaintiff was decided and it was ordered in respect of accounts to appoint the court commissioner for taking ..... a revision has been filed which is a part of the appellate jurisdiction, although stricto sensu, doctrine of merger may not apply but section 105 of the code of civil procedure also would not apply in such cases. ..... order xxvi rule 11 of the code of civil procedure provides for appointment of a commissioner to examine or adjust accounts, if .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(1)AWC1004(SC); 2009(1)BomCR81; 2009(240)ELT161(SC); [2009(1)JCR189(SC)]; 2009(2)MPHT378(SC); 2008(15)SCALE322; 2009(1)LHSC305
..... (i) that a litigant should get a fair trial in accordance with the accepted principles of natural justice;(ii) that every effort should be made to expedite the disposal of civil suits and proceedings, so that justice may not be delayed;(iii) that the procedure should not be complicated and should, to the utmost extent possible, ensure fair deal to the poorer sections of the community who do ..... the trial court held that in terms of the amended order viii rule 1 of the code of civil procedure, 1908 (in short the `cpc'), there was no scope for accepting a written statement filed beyond the fixed period of 90 days. ..... anxiety of parliament as evident from the amendments is to secure an early and expeditious disposal of civil suits and proceedings without sacrificing the fairness of trial and the principles of natural justice inbuilt in any sustainable procedure. ..... the statement of objects and reasons for enacting the code of civil procedure (amendment) act, 1976 (104 of 1976) (in short 'the 1976 amendment act') highlights the following basic considerations in enacting the amendments:5. ..... the code of civil procedure enacted in 1908 consolidated and amended the laws relating to the procedure of the courts of civil judicature. ..... the purpose of such-like amendments is stated in the statement of objects and reasons as 'to reduce delay in the disposal of civil cases'.7. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(6)ALD1(SC); 2006(6)ALT1; 2006(5)ALT62(SC); 2006(4)AWC3902(SC); [2006(4)JCR77(SC)]; 2006(9)SCALE264; (2006)7SCC800
..... though various points were urged in support of the appeal, the primary stand was that civil revision filed under section 115 of the code of civil procedure, 1908 (in short the 'cpc') was allowed by the learned single judge even without issuing notice to the appellant. ..... learned counsel for the respondent on the other hand submitted that though it may be a fact that notice was not issued before disposal of the civil revision yet the orders do not warrant any interference as a right position in law has been noted. 5. ..... the plaintiff has filed the suit for declaration of title and injunction and that can always be decided by the civil court irrespective of the decision of the revenue court under section 250 of the m.p. ..... the order passed by the learned single judge in the civil revision and the review application are accordingly set aside and the matter is remitted to the high court for fresh consideration on merits after due notice to the appellant. ..... an adjudication adverse to him was done by disposal of civil revision without even issuance of notice before such adverse adjudication. ..... on knowing the order passed by learned single judge in the civil revision, the review application was filed specifically pointing out that no notice had been issued before disposal of the civil revision. ..... challenge in this appeal is to the judgment and order dated 7.2.2003 in civil revision no. ..... civil no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(5)CTC796; 2007(1)KLT273(SC); (2007)1MLJ630(SC); (2007)146PLR564; RLW2007(3)SC2007; 2006(12)SCALE649
..... on merits, is not legally justified and such order cannot be sustained.it is, therefore, evident that while the court can impose conditions while granting stay in exercise of its jurisdiction under order xli, rule 5 of the code of civil procedure, it cannot pass any such order where the appellate or revisional jurisdiction is to be exercised. 11. ..... whereas while exercising its jurisdiction under order ix, rule 7 of the code of civil procedure, the court can impose conditions in regard to payment of costs, but while exercising its power under order ix, rule 13 thereof, the court can exercise a larger jurisdiction in the sense that it can impose other ..... there is no dispute with regard to the said legal proposition inasmuch as the court can exercise such a power in terms of order xli, rule 5 of the code of civil procedure or the provisions akin or analogous thereto. ..... we may immediately notice the distinction between the power of the court exercised under order ix, rule 7 of the code of civil procedure vis--vis order ix, rule 13 thereof. ..... the limitation of power as contained in section 115 of the code of civil procedure, therefore, is not applicable. ..... incidental or ancillary powers are provided for in the code of civil procedure. ..... the said jurisdiction is wider than one under section 115 of the code of civil procedure. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC806; 2007(2)ALD93(SC); RLW2007(3)SC1790; 2006(13)SCALE525; (2006)12SCC1
..... advocate appearing on behalf of the defendants that all the issues raised by way of proposed amendment in the written statement were taken before this court in the appeal from order filed by the present defendant in the civil appeal filed before the apex court, in the appeal from order in the second round before this court and again in a special leave petition filed before the apex court in the second round. ..... this evoked much controversy/hesitation all over the country and also leading to boycott of courts and, therefore, by civil procedure code (amendment} act, 2002, provision has been restored by recognizing the power of the court to grant amendment, however, with certain limitation which is contained in the new proviso added to the rule ..... in para 22, the appellants admit that all the issues raised by way of proposed amendment in the written statement were taken before this court in the appeal from order filed by the present defendants in the civil appeal filed before this court and again in the special leave petition filed subsequent. ..... and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.the provision was omitted by the civil procedure code (amendment act) 1999section 16 of the amendment act reads as follows:16. ..... ) rules 17 and 18 shall be omitted.the provision as it exists now after the civil procedure code (amendment act), 2002order vi rule 17.rule 17. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(1)AWC469(SC); 2007(1)CTC89; [2007(3)JCR155(SC)]; 2006(13)SCALE581
..... a question may arise whether such an application can be entertained by the court when specific provision under order 39 of the code of civil procedure has been made for grant of injunction in the form of mandatory order in the exercise of power under the said order. ..... in this view of the matter, although for deciding an application under section 151 of the code of civil procedure, it would not be proper to permit the parties to adduce oral evidence but in the peculiar facts and circumstances of this case we are of the view that the trial court ought to have directed the parties to ..... however, it was held by this court in the aforesaid decision that the inherent power under section 151 of the code of civil procedure must be exercised only in exceptional circumstances for which the code lays down no procedure. ..... keeping the aforesaid principles in mind for exercising of power under section 151 of code of civil procedure, we proceed to consider the facts and circumstances of the case and decide whether the high court as well as the trial court was justified in the facts and circumstances of the case to direct restoration of possession. ..... that apart, in our view, the high court was also not justified in rejecting the civil revisional application without going into the propriety of the order of the trial court. ..... the trial court is directed to dispose of the application under section 151 of the code of civil procedure afresh within a period of three months from the date of this judgment. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi110
..... any pleader engaged to plead on behalf of any party by any other pleader who has been duly appointed to act in court on behalf of such party'.it would be seen that cls (1) and (5) of rule 4 of order 3 of the code of civil procedure make a distinction between the words `act' and `pleading' as in the former case power of attorney is necessary whereas only a memorandum of appearance is necessary in the latter date.8. mr. ..... referred to an earlier unreported bench decision of the high court wherein it had been held that a right to appear in court for its principal given to a recognised agent by order 3, rules 1 and 2 of the code of civil procedure does not include relied on the earlier two calcutta cases namely harchand rav gobordon das. ..... the word `act' and `pleading' also occur in rules 1, 4 (1) and (5) of order 3 of the code of civil procedure and they read as under:-'rule 1 any appearance application or act in or to any court, required or authorised by law to be made or done by a party in such court, may, except where otherwise expressly provided by any ..... arose was whether the presentation of an application by a pleader to whom the authority in the prescribed manner under rule 4 of order 3 of the code of civil procedure was not given is only an irregularity which could be cured at a subsequent stage. ..... in this case also it was held that order 3 rule 1 of the code of civil procedure does not include pleading or arguing and a recognised agent cannot be allowed to `plead' and `argue' .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi65
..... have come to be vested should not be in a worse position than the person against whom the original litigation was commenced.furthermore, the opening words of section 146 of the code of civil procedure make it clear that the benefits given to the representatives under this provision was subject to the other provision of the code or any law for the time being in force. ..... one of us (hon'ble the chief justice) sitting singly he noticed the contentions of both the parties but considering the point involved to be of some importance directed the civil revision to be listed before a division bench.it has been noticed in the referring order that there was a preponderance of authority on the point that the provisions of o. ..... ram chand and tekan or record.in those circumstances it was held applying section 146 of the code of civil procedure that there was no limitation for bringing the legal representatives of tekan on record and the application ..... representatives being before the court the impugned order has to be examined and if it falls within the mischief of the three sub-clauses of section 115 of the code of civil procedure the court is bound to upset the order whether the legal representatives of a party are on record or not.mr. ..... he further contends that the provisions of section 146 of the code of civil procedure would clearly be attracted in the circumstances of the case an inasmuch as the petitioner could proceed against ganga datt it can also take proceedings to continue proceedings .....
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