Inherent powers are to be exercised by the Court in very exceptional circumstances for which the Code lays down no special procedures. Rule 4, Order 37 expressly gives power to a court to set aside a decree under the provisions of the Order. If the c..
The High Court allowed the civil revision petition and set aside the order of the appellate authority and confirmed the order of the Rent Controller...
The High Court dismissed the revision. It was observed that the court has full authority to order the attachment of property which is outside its jurisdiction as laid down in the rules of CPC...
Landlord does not have the right to give eviction orders at any of the branches of the government’s postal service...
Court has the power to direct for full or part deposit and/or to furnish security of the decretal amount. ..
The cover-notes remained in the office of the defendant and are not proved to have been given to the plaintiff, the contract between the parties cannot be held to be concluded...
The High Court dismissed the writ petitions and upheld the decision of the Administrative Tribunal regarding the maintainability of the original applications. The Code of Civil Procedure cannot be applied to the proceedings before the Administrative ..
In this judgement, CPC does not apply to HRC orders ..
The Supreme Court allowed the appeal & set aside the judgement of HC given in second appeal. ..
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The Court held the Plaintiff to pay the Court fee by invoking Rule 10 & 11 from Order 33 of C.P.C. The court didn’t direct the defendant to pay the Court fee...
The High Court ultimately held that such an application for eviction was maintainable. Hence the appeal to this Court Allowing the appeal and remitting the case back to the Rent Controller. ..
Petition dismissed due to lack of evidence by petitioner...
Before declaring the Judgment the Court very well explained the provisions of Order 37, even with reference to Order 9. The Supreme Court held that, though appellant has shown sufficient cause for his absence on the date of passing ex parte decree, s..
The Supreme Court dismissed the appeal & upheld the decision of the HC. It held that a suit against a public officer of Government until and unless the statutory period of 2 months has expired after delivering the notice under Section 80 of CPC, 1908..
The High Court allowed the appeal & set aside the decree of the Trial Court. It observed that by virtue of the office, the Executive Engineer has the right to file a plaint to protect the interests of the Government as provided under Order 27 Rule 2 ..
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The Supreme Court dismissed the appeal and upheld the right of the board to appeal in High Court as the right to appeal was available to the respondent at the time of initiation of the dispute before the amendment which wasn’t preserved thereof. ..
In SC's opinion the plaintiff was entitled to file an application/appeal under Order 44 Rule 1 of the Code and seek permission from the Appellate Court to allow him to file an appeal as an indigent person. The dismissal of the application made under ..
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