Sections 22 and 23 of the Code deal with the right of a defendant to apply for the transfer of a suit. Objection as to mis-joinder or non-joinder of parties should be taken at the earliest possible opportunity. (a) P is an possession of a jewel box, wherein he claims no interest himself, and is ready and willing to hand over to the rightful owner. On the other hand, where no first or second appeal lies to the High Court, the revision is competent. both judgment in rem and judgment in personam cab ne challenged. It is necessary in Judgment to give Statement by a JUDGE. The practice of filing indiscriminate review petitions or review petitions in the form of “clarification”, “modification” or “recall” of order has also been deprecated by the Supreme Court. By Admin LB | August 7, 2018. At the same time, the Code requires that the court executing the decree does not exercise power in respect of the matters which could be determined only by the court which passed the decree.“ To put it differently, the powers to be exercised by the executing court relate to procedure to be followed in execution of a decree and do not extend to substantive rights of the parties. It is submitted that the following observations of Krishna Iyer, J. in the leading case of. – Rights = Substantive rights If the plaint does not state that a notice as required by section 80 of the code has been given, the plaint will be rejected under this clause. Rule 3 of Order 39 requires the applicant to issue a notice to the opposite party before an injunction is granted. An order for security of costs may be passed by the court either suo motu (of its own motion) or on application of the defendant and must be a reasoned one. In which of the following cases, an interpleader suit will be: Who is minor under the Indian Law, state the procedure to be adopted for a suit by or against a minor and persons of unsound mind. As regards the second class of documents, the party desiring the inspection can only proceed by way of an application to the court along with an affidavit satisfying the court that the document is relevant to the case. If there are express provisions exhaustively covering a particular topic , they give rise to necessary implication that no power shall be exercised in respect of said topic otherwise than in the manner prescribed by the said provisions. (a) In every interpleader suit, the plaint must state that the plaintiff claims no interest in the subject matter in dispute, other than for charges or costs. CIVIL PROCEDURE NOTES LB206. (a) cannot be transferred to another court, (a) if the judgment debtor actually & voluntarily resides or carries on business, or personally works for gain, within the local limits of that other court, (b) if the judgment debtor does not have sufficient property to satisfy the decree within the local limits of the court, passing the decree and has property within the local limits of that other court, (c) if the decree directs sale or delivery of immovable property situate outside the jurisdiction of the court passing the decree, (a) where the execution is applied for beyond two years after the date of the decree, (b) where the execution application is made against the legal representatives of the judgment debtor even it made within two years of the decree, (c) where the execution application has been made by the assignee of the interests of the decree holder even if made within two years of the decree, (a) Movable property: Section 51(a), Rule 31, (2) Attachment and sale of property: Section 51(b), (4) Appointment of receiver: Section 51(d), (6) Cross-decrees and cross-claims: Rules 18-20. The provision is not exhaustive and does not override other visions of the Code. Where the defendant furnishes security, the court must withdraw the attachment. In appropriate cases, temporary mandatory injunction can be granted by a court but such relief can be granted only in exceptional and compelling circumstances where injury complained of is immediate and is likely to cause serious prejudice to the applicant which cannot be compensated in terms of money. The form of an application, however, is immaterial. The administration cannot be hidebound by rules and restrictions of judicial procedure though of course they are bound to obey statutory provisions and also observe the principles of natural justice where rights of parties are affected. (a) If paid, cannot be included again in the costs awarded in the decree passed in the suit. (vii) Where any other person has entered into an agreement with the applicant to finance costs of the litigation. F.J. Dillon, holding that Section 115 applies even to interlocutory orders. The purpose of Order 38 Rule 5 is not to convert an unsecured debt into a secured debt. C cannot treat his decree as a cross-decree under this rule. In Dalpat Kumar v. Prahlad Singhl“, the Supreme Court stated, “The court while granting or refusing to grant injunction should exercise sound judicial discretion to find the amount of substantial mischief or injury which is likely to be caused to the parties, if the injunction is refused, and compare it with that which is likely to be caused to the other side if the injunction is granted. A decree passed in contravention of section 10 is not a nullity and, therefore, cannot be disregarded in execution proceedings. Discuss. An appeal lies to the superior court, while a review lies to the same court. A second review application, however, does not lie. A right of appeal is a substantive right conferred by the statute, while the revisional power of the High Court is purely discretionary. Under Section 13 of the Code, a foreign judgment is conclusive and will operate as res judicata between the parties thereto except in the cases mentioned therein. The material date for the satisfaction of the decree is the date of decree itself. As a general rule, the court which passed the decree is primarily the court to execute it, but such court may send the decree for execution to another court either suo motu (of its own motion) or on the application of the decree holder if any of the following grounds exists: The judgment-debtor actually and voluntarily resides or carries on business, or personally works for gain, Within the local limits of the jurisdiction of such court; or, The judgment-debtor does not have property sufficient to satisfy the decree within the local limits of the jurisdiction of the court which passed the decree but has property within the local limits of the jurisdiction of such other court; or, The decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of such other court; or. 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