151 cpc petition. Legal Provisions of Section 148 of Code of Civil Procedure, 1908 (C.P.C.), India 2019-01-05

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Need sample application of cpc 151

151 cpc petition

In the present case the appellants have approached with a case that while execution of Deed of Divorce dated 13. It is clear from the said provision that Section 28 2 comes into effect only after adjudication of the application filed by the applicant under the provisions of the Provincial Insolvency Act, 1920. In fact, applications for adjournments, reopening and recalling are interim measures, could be as far as possible avoided and only in compelling and 10Page 11 acceptable reasons, those applications are to be considered. Inherent jurisdiction of the court must be exercised subject to the rule that if the Code does contain specific provisions which would meet the necessities of the case such provisions should be followed and inherent jurisdiction should not be invoked. Section 151—Analogous hearing—Where parties in two suits are the same and the subject-matter therein are the same it is always convenient to get the suits heard by the same Court before which they are pending in order to avoid , conflicting judgment. Punjab Haryana High Court Harbhajan Kaur v Veer Kaur decided on 09.

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Section 151 of CPC and Article 226/227 of Indian Constitution

151 cpc petition

. British Insulated Calenders Cables Ltd. Section 151—The inherent power of the Subordinate Judge cannot extend to interference with the order of temporary injunction passed by the Appellate Court. The provision cannot be read in rigidity so as to make the provision ineffective and meaningless. This Court has repeatedly held that courts should constantly endeavour to follow such a time schedule.

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Civil Procedure Code

151 cpc petition

The court cannot make use of the special provisions of Section 151 of the Code, where the remedy or procedure is expressly provided in the Code. The objection that a direction of that nature cannot be issued to the police authorities, who are not parties to the proceedings, raised by the petitioners has no substance. Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 f , 13-- Restoration of plaint - Rejection of plaint U. Award of Lok Adalat can be challenged only through a writ petition, not before the civil court. .

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C.p.c

151 cpc petition

Such recourse can be taken only when it is found that the relief asked for cannot be granted under the provisions under which the jurisdiction of the Court or Tribunal is invoked, much less when the result would be to deprive the party of a right of appeal provided against the order passed under such a provision. We find no merit in these appeals. The customary divorce can either be plea or defence set up by one of the party to such proceeding wherein the issue in respect of legality of the divorce by customary mode is involved. According to him, since the High Court has adopted the said course, there is no need to interfere with the same. Section of Civil Procedure Code provides inherent powers in Court to overcome the situation which was not visualized by the Legislature. When a particular procedure is laid down in the Rent Control Act itself in case of denial of title provisions of Civil P.

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Order 7 Rule 11 of CPC 151 to reject a

151 cpc petition

It is further seen that during the entire trial, those documents have remained in exclusive possession of the plaintiff but for the reasons known to it, still the plaintiff has not placed these bills on record. On the contrary they have specifically pleaded that at the time of the execution of Deed of Divorce they were not knowing the procedure recognized under the law for dissolution of marriage. After such remand, the suit was decreed vide judgment and decree dated 20. There is, therefore, no reason to suppose that it cannot restore that also under S. The case is remanded back to Family Court, Mumbai. Sec 151 is inherent power of Court under which all applications are filed for appropriate order.

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Legal Provisions of Section 151 of Code of Civil Procedure, 1908 (C.P.C.), India

151 cpc petition

This Court examined the scope of the inherent powers of the Court and expressed that the provisions of the Code do not control the inherent powers of the court by limiting it or otherwise affecting it. When the Court finds that a litigant, who had obtained an order from it, is not in a position to have its full benefit owing to either the obstruction or non-cooperation of the other party to the proceedings, it is always open to the Court to resort to the law enforcement machinery to see that its order is obeyed and I do not see anything illegal or irregular about it 2. In considering the question of propriety in invoking the power, the court should take into account several matters, some of which are the complexity of the question involved, availability of a more complete and efficacious remedy by means of a suit and the apparent justice of the claim. The civil court trying the rent case as a Prescribed Authority being not a civil court while it being a civil court in respect of the suit, it cannot consolidate rent case with the civil suit. They may be civil proceedings but their nature was different. They can be exercised ex debito justitiae in the absence of provisions in the code.

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Inherent Power of the Court to Grant Restitution

151 cpc petition

Civil Procedure Code, 1908, Section 47, 151-- Execution - Objections - Execution of compromise decree - Compromise which was made part of decree alleged to be created later on and thumb impression obtained - Thumb impression on compromise not disputed - Such objection has to be raised before the Court which passed the decree - Executing Court. The view taken by the Nigh Court Division that appeal lies in both cases is correct. The word transfer in Sec 150 is not applicable to a case where the District judge fixed the jurisdiction of court under the civil courts act and transferred the whole of the business within a certain area of it. If one is suit and the other not Section 10 Civil P. Section 15l gives no right to a party to make an application.

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Order 7 Rule 11 of CPC 151 to reject a

151 cpc petition

No Powers over the Substantive Rights: The inherent powers saved by s. It does not confer any new substantive right to the party not available under the general law, but merely regulates the power of the court in that behalf. In change of circumstances and cause of action rejudicata will not apply. Further, in Pentala Githavardhana Raos case 1 supra , a Division Bench of this Court has considered the scope of Section 28 2 of the Act and held that the intendment and purpose of Section 28 2 is broadly two-fold; i to make the entire estate of the insolvent vest in the Court or in a receiver the moment an order of adjudication is made and to make it available for distribution among the body of creditors, and ii to prohibit any creditor of the insolvent from proceeding against his property in respect of his debt or commence any suit or other legal proceeding, without the leave of the insolvency Court during the pendency of the insolvency proceedings. How to break that objection and if any another Section to my wife will produce all documents by automatically.

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Order VII Rule 14 , Section 151 or Order 18 Rule 17 of the Code =The power under Section 151 or Order 18 Rule 17 of the Code is not intended to be used routinely, merely for the asking. If so used, it will defeat the very purpose of various amendments to the Code to expedite trials. But where the application is found to be bona fide and where the additional evidence, oral or documentary, will assist the court to clarify the evidence on the issues and will assist in rendering justice, and the court is satisfied that nonproduction earlier was for valid and sufficient reasons, the court may exercise its discretion to recall the witnesses or permit the fresh evidence. But if it does so, it should ensure that the process does not become a protracting tactic. The court should firstly award appropriate costs to the other party to compensate for the delay. Secondly, the court should take up and complete the case within a fixed time schedule so that the delay is avoided. Thirdly, if the application is found to be mischievous, or frivolous, or to cover up negligence or lacunae, it should be rejected with heavy costs. With these principles, let us consider the merits of the case in hand. 11) The perusal of the materials placed by the plaintiff which are intended to be marked as bills have already been mentioned by the plaintiff in its statement of account but the 8Page 9 original bills have not been placed on record by the plaintiff till the date of filing of such application. It is further seen that during the entire trial, those documents have remained in exclusive possession of the plaintiff but for the reasons known to it, still the plaintiff has not placed these bills on record. In such circumstance, as rightly observed by the trial Court at this belated stage and that too after the conclusion of the evidence and final arguments and after reserving the matter for pronouncement of judgment, we are of the view that the plaintiff cannot be permitted to file such applications to fill the lacunae in its pleadings and evidence led by him. As rightly observed by the trial Court, there is no acceptable reason or cause which has been shown by the plaintiff as to why these documents were not placed on record by the plaintiff during the entire trial. Unfortunately, the High Court taking note of the words “at any stage” occurring in Order XVIII Rule 17 casually set aside the order of the trial Court, allowed those applications and permitted the plaintiff to place on record certain bills and also granted permission to recall PW

151 cpc petition

But that power will not be exercised if its existence is inconsistent with, or comes into conflict with, any of the powers expressly or by necessary implication conferred by the other provisions of the Code. The power to grant interim orders is coupled with the duty to consider all the relevant facts and legal principles relevant in that behalf. If the aforesaid conditions are fulfilled then the Court is bound to entertain the petition and pass appropriate order in the matter. As against the same, the present revision is filed. Section 151 cpc is inherent powers of court.

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Order 7 rule 151(d) of CPC 151

151 cpc petition

Civil Procedure Code, 1908, Section 151, 37, 38, 39, Order 21, Rule 99, 97-- Transfer of execution petition - Ground of pecuniary jurisdiction - Locus standi - Legal heirs of defendant against whom execution petition was filed did not raise any objection with regard to jurisdiction of executing Court - Held, third party cannot raise question with regard to jurisdiction of. Absence of signature, verification or presentation does not affect jurisdiction of court. Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. It is the fundamental principle that a court of justice is under a duty to repair the injury done to a party by its act. There may be cases where the ex parte disposal of an application may result in substantial injustice to a party. He has searched a job for the appellant in America and also taken steps to take her to U. P Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972, shall be a civil court for the purpose of S.


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