cIVI pROCEDURE cODE, 1908 (v OF 1908)

  • Civil Procedure Code, 1908 (V of 1908) Order 41, Rule 27(2) - Application should not be allowed by the Court without recording reasons - Court below has applied its mind to the effect that the judgment and decree of the Civil Court, which is sought to be placed on record, is essential for the decision of the controversy involved - The Court can always take document in appeal as additional evidence, for the purpose of enabling it, to deliver the judgment effectively between the  parties. Vijay Kumar Aggarwal  v. Khushal Singh . ...1 
  • Civil Procedure Code, 1908 (V of 1908) Order 21, Rule 89, Order 21, Rule 66 - Court has recorded its satisfaction that it was a clerical mistake committed by the judgment debtor whereby he calculated 5% of the amount on the decretal amount instead of 5% on the purchase money, otherwise, he would have deposited the remaining amount and would not have taken a chance of not depositing the deficient amount - Satisfaction of the Court is sufficient for the purpose of holding that there is an error of omission on the part of the judgment debtor that instead of 5% on the purchase money, the calculation has been made on the decretal amount. Narinder Kumar v. State Bank of India  . ...17