Cpc G. Surya Narayanan Mhc Advt: Order 41 rule 19 2009(5) SCJ 643 Satpal Singh vs Chunni Lal (d) through Lrs

[12/21, 10:40] Cpc G. Surya Narayanan Mhc Advt: Order 41 rule 19
2009(5) SCJ 643
Satpal Singh vs Chunni Lal (d) through Lrs

First appeal dismissed for default for non- appearance of counsel- application for restoration dismissed and second appeal dismissed by single judge holding no sufficient cause to condone delay or for setting aside ex parte order- appellant justified as his brother died and he met with accident- first appeal directed to be disposed on merits

Nahar Industrial Enterprises Ltd vs Hong kong & Shanghai Banking Corporation
Section 22 to 24; 151; 16 to 20
2009(6) SCJ 109

Plaintiff dominus litus may institute suit in any civil court within whose jurisdiction cause of action arises when he is entitled to maintain an action in two different court chosing one of them- high court can transfer case from one subordinate court to any other court within high court jurisdiction- only Supreme Court can transfer to courts subordinate to different high court

Section 100
2009(6) SCJ 380
Katla Muthyal Naidu vs Kothapalle Venkatappa Naidu & others

High court dismissed second appeal that there is no pleading of adverse possession in Plaint and only allegation is defendant trying to dispossess plaintiff- held, applicant cannot be treated as pendente lite purchaser- matter remitted for fresh consideration

Section 144
2009(6) SCJ 430
Woods Beach Hotel Ltd vs Mapusa Urban Co-operative Bank of Goa Ltd & others

When decree holder was auction purchaser in a court auction sale held in execution of a decree which is subsequently set aside- restitution of property can be ordered in favour of judgement debtor- purchase in court auction by outsiders bonafidely is protected if decree is set aside, when purchaser is not party to suit
[12/23, 18:22] Cpc G. Surya Narayanan Mhc Advt: ORDER VI RULE 17 –
2009 (6) SCJ 608


Suit for setting aside sale deed – original plaintiff died and application for amendment allowed – application filed by 2nd defendant for amendment was also allowed by Trail Judge – Revision stating that additional written statement can be filed to amended plaint for subsequent events – there is no categorical or unequivocal admission which is recalled by amendent.

2009 (6) SCJ 46


Partition suit decreed – Court directed sale of properties by auction – valuation of property is to protect the right of the property and Court has to fix reserve price – inherent power cannot be resorted to circumvent mandatory provisions of the code.

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