Court : Supreme Court of India
Reported in : 2009(2)AWC1552(SC); 2010(1)MhLJ293(SC); (2009)6SCC194; 2009(2)JT641.
..... rakesh dwivedi, learned senior counsel appearing on behalf of the respondent, on the other hand, would contend:1) in terms of order xxiii rule 1 of the code of civil procedure, it is the privilege of the plaintiff alone to withdraw the suit at any stage of the proceedings and the appellant being only one of the defendants did not have ..... of the high court, required to be implemented by the courts and the statutory authorities.35...even if the provisions of order 23 rule 3 of the code of civil procedure and/or principles analogous thereto are held to be applicable in a writ proceeding, the court cannot be permitted to record a purported compromise in a casual manner ..... jayant bhushan, learned counsel appearing on behalf of the appellant, would submit that the learned additional civil judge, senior division, jagadhari, having opined in its judgment and decree dated 30.10.1996 that not only veena but also the appellants and her other brothers and ..... 185 was decreed by a judgment and decree dated 30.10.1996 passed by the additional civil judge, senior division jagadhari, haryana, holding:as a result of my findings and observations on above ..... 303 of 1992 on 20.11.1989 and 21.3.1992 before the additional civil judge, jagadhari, haryana and senior division bench and before the civil judge, jagadhari, haryana, respectively.in the said suits, inter alia, the question as regards an order of mutation carried out in the revenue records pursuant to or in furtherance of a transfer made by one .....
Tag this Judgment!Court : Delhi
Reported in : 1994IVAD(Delhi)1113; 56(1994)DLT608; 1995(32)DRJ195
..... it was perhaps with the said end in view that the legislators in their wisdom enacted order xxiii rule 3a of the code of civil procedure which reads as under:- 'no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful. ..... sub judge, delhi, where through he came to the conclusion that an application under section 151 of the code of civil procedure was maintainable to set aside the judgment and decree passed under order xxiii rule 3 of the code of civil procedure on the ground of fraud and fixed a date for framing of issues in order to examine the factum of fraud and stayed the operation of the said judgment and decree and directed the parties to maintain the ..... however, on the other hand, in case of fraud practiced on the court the court would be fully competent to investigate the said fraud and to set aside the said decree on an application under section 151 civil procedure code , moved by a party if it comes to the conclusion that it was a case of fraud practiced on the court. ..... (10) since we are concerned with the construction of section 115 civil procedure code the provisions of the said section can be adverted to with profit. ..... hence, the application under section 151 civil procedure code .moved in suit no. ..... singh, senior advocate, has vehemently contended that the learned lower court fell' into a grave error by coming to the conclusion that the present application under section 151 civil procedure code , was maintainable. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1978Guj36; (1977)GLR840
..... it would be merely stating an obvious that where amount is payable under a decree made by civil court it is to be recovered by the procedure prescribed in order xxt it cannot be recovered as an arrear of land revenue by the collector. ..... 181 only relates to applications under the code of civil procedure, in which case, no period of limitation has been prescribed for the application. ..... 161 to applications under the code of civil procedure only or any other application in a -proceeding to which limitation act would apply by reference to s. ..... article 183 provides a period of limitation of 12 years to enforce a judgment decree or order of any court established by royal charter in the exercise of its ordinary original civil jurisdiction, or an order of the supreme court. ..... as the questions herein raised also arose in civil revision application n6 517 of 1970 (1972? ..... 181 of the limitation act, 1908 only applies to applications under the code of civil procedure and (despite? ..... 1,82 applied to -applications for execution of a decree or order of any civil court it could not apply to application for execution of the award, the award itself not being called a decree or order of civil court. ..... act by fiction of law, it is deemed to be a decree so as to provide for the same procedure prescribed in the civil p.c.for delivery of possession the answer has to be understood to mean that by the provislions, contained in section 38 (3) (iii) the procedudre prescribed for delivery of possession in the civil p.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj256; 1969()WLN403
..... (3) every application under sub-section (1) or sub-section (2) shall be signed and verified in accordance with order vi, rule 15, of the first schedule to the code of civil procedure, 1908 (central act v of 1908) and shall contain the following particulars, namely:-- (a) a statement that the debtor is an agriculturist or a member of a scheduled caste or a scheduled tribe, (b) the place where he normally resides, (c) a statement ..... he formulated the following question and referred the case to a larger bench:--'whether the civil court can revive proceedings abated under sections 5 and 6 of the rajasthan relief of agricultural ..... confining ourselves to suits, we find that in the civil procedure code there are provisions for dismissal and abatement ..... our answer to the question is that civil court can revive the proceedings abated under section 5 (1) (i) or section 6 (6) (ii) of the act if the order of admission of the application under section 6 has been set aside by the debt relief court itself or ..... for example, it is provided in rule 2 of order 9 civil procedure code that where on the day fixed in summons for the defendant to appear and answer, it is found that the summons has not been served properly upon the defendant in consequence of ..... order xxii is not of such a nature that the proceedings in that suit cannot be continued under any circumstances, or in other words, that suit may be revived if certain conditions provided in order xxii, rule 9, civil procedure code, are satisfied. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1990AP340
..... and rule 32 of the civil rules of practice. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All42
..... alternatively, it is said, the petitioner could have applied in revision under section 115 of the code of civil procedure against the order. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(2)AWC1687
ordern.k. mehrotra, j. 1. this is a revision under section 115 of the code of civil procedure, 1908 against the order dated 28.2.2003 passed by the opposite party no. 1 civil judge hawali (junior division), lucknow in regular suit no. 167 of 2003, ram pal v. shanker lal and ors. by which the learned trial court in the suit filed by the plaintiff has issued notice on an application under order xxxix, rules 1 and 2 of the code of civil procedure instead of granting or refusing any injunction.2. at the time of hearing at the admission stage, the learned counsel for the revisionist has stated that in the trial court, the application for ad-interim injunction is fixed for hearing on 15.4.2003 and he has conceded that in view of the decision of this court in rajendra singh and ors. v. brij mohan agarwal and anr., 2003 (1) jclr 314 (all), this revision is not maintainable. so he does not press this revision and requests for direction to the trial court to expedite the disposal of the application for ad-interim injunction on the date fixed.3. in view of the above, the revision being not pressed is dismissed at admission stage with the direction to the trial court to hear and decide the application for ad-interim injunction on the date fixed according to law expeditiously.
Tag this Judgment!Court : Allahabad
Reported in : AIR1984All1
..... this petition under article 226 of the constitution of india arises out of the proceedings relating to a civil suit, it is not necessary to state the facts and controversies which were involved in the original suit no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC276; 2008(1)AWC165(SC); (SCSuppl)2008(1)CHN82; 2008(1)CTC173; (2008)1MLJ1214(SC); (2008)149PLR645; (2008)1SCC358
..... it was furthermore noticed that the first respondent herein, while examining himself in the said proceedings under order ix rule 13 of the code of civil procedure in his cross-examination, admitted that one and a half year prior to filing of the said application, he and his brother approached dharam singh for getting the judgment and decree set aside but ..... , when the applicant had explanation: for the knowledge of the purpose of this article, decree.substituted service underrule 20 of order v of thecode of civil procedure,1908 (5 of 1908) shall notbe deemed to be due service._______________________________________________________________________________8. ..... as the application under order ix rule 13 of the code of civil procedure was filed one and a half year after the first respondent came to know about passing of the ex parte decree in the suit, the said application evidently was barred by limitation. ..... order v rule 19a of the code of civil procedure, which, according to the high court, could have been taken recourse to, had also not been resorted ..... appellant filed a civil suit on or about 6.4. ..... is before us being aggrieved by and dissatisfied with a judgment and order dated 14.2.2005 passed by the high court of punjab and haryana in civil revision petition no. ..... , the first respondent having come to know about passing of the said ex parte decree on 03.02.1997, filed an application on 07.02.1997 for setting aside the same, in terms of order ix rule 13 of the code of civil procedure. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2004Delhi219; 110(2004)DLT641; 2004(74)DRJ65
..... 'we are of the opinion that the curtailment of revisional jurisdiction of the high court does not take away - and could not have taken away - the constitutional jurisdiction of the high court to issue a writ of certiorari to a civil court nor the power of superintendence conferred on the high court under article 227 of the constitution is taken away or whittled down. ..... thereforee seldom would such an occasion now occur since if a defendant neglects to file a written statement within the restricted and prescribed period in the code of civil procedure and also fails to put in appearance, a judgment would be pronounced forthwith. ..... the provisions of section 115 of the code of civil procedure as it presently exists, and what it was prior to the enforcement of the civil procedure code amendment act, 1999 are reproduced below for facility of reference and comparison:law prior to the enforcement of cpc (amendment) act, 1999.s.115. .....
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