Today CPC Suriyanarayanan advt

[1/25, 10:02] Cpc G. Surya Narayanan Mhc Advt: Order 21 rule 57

2010(7) SCJ 438

C. S. Mani (d) by Lr vs B. Chinnaswamy Naidu (d) by Lrs

When execution is closed in view of moratorium, attachment already ordered continues- high court erred in allowing second appeal in a suit challenging sale on the basis of prior attachment- sale and confirmation is proper

Order 23 rule 3

2010(7) SCJ 584

Hussainbai Allarakhbai Daraiya & others vs State of Gujarat & others

Compromise between non-parties to suit- decree can be only for compromise between parties- first appellate court directing decree on the basis of compromise between non-parties is unsustainable

Order 41 rule 33

2010(7) SCJ 757

Prahlad & others vs State of Maharashtra & another

Law declared by Supreme Court binding on high court under Article 141- power conferred on high court is of widest amplitude to do complete justice- power cannot be exercised ignoring legal interdict
[1/27, 18:20] Cpc G. Surya Narayanan Mhc Advt: Section 11, order Vii

2010(8) SCJ 222

Alka Gupta vs Narender Kumar Gupta

Plea of resjudicata is a restraint on right of plaintiff to adjudicate his claim- There is no plea of constructive resjudicata for plaintiff to meet the case- essential requirements to apply resjudicata enumerated – weakness of case or unscrupulousness of plaintiff not a ground for dismissal of suit without trial

Order 6

2010(8) SCJ 714

Ritesh Tewari & another vs State of U.P & others

Party has to plead the case and produce sufficient evidence to substantiate his pleadings- in case pleadings are incomplete, court is under no obligation to entertain the plea

Order 21 rule 10

2010(8) SCJ 261

Maya Devi (d) through Lrs vs Smt. Raj Kumari Batra (d) through Lrs & others

Property attached and sold in execution for suit for recovery of amounts- Compromise entered to deliver possession on payment of amounts- compromise recorded and application to set aside the compromise as void and fraud dismissed and confirmed till Supreme Court- jd filed application to set aside sale as property exempt from sale as residential property- held sale confirmed till Supreme Court cannot be Re agitated

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