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J. C. DOSHI
Dinbandhu Dinanath Prajapati – Appellant
Versus
Devenbhai Mafatlal Patel – Respondent
JUDGMENT :
J.C. Doshi, J.
1. The instant petition under Article 227 of the Constitution of India is filed seeking following reliefs:
(B) Pending final hearing and disposal of this petition, the Hon'ble Court be pleased to stay the execution, operation and implementation of the impugned order dated 04.11.2022 passed in application below. Exh.5 in Civil Misc. Application No. 208 of 2022, annexed at Annexure-A to the petition."
2. Brief facts of the case are as under:
The trial court lacks jurisdiction to entertain a recall application from a non-party after a preliminary decree for partition has been passed, as it becomes functus officio.
Recall of decree – Inherent power may be exercised to undo result achieved by practising fraud upon court – But, if fraud is played upon party, they have to resort to provisions available under law t....
(1) Inherent Jurisdiction – In exercising powers under Section 151 of CPC, it cannot be said that civil courts can exercise substantive jurisdiction to unsettle already decided issues – Recalling a f....
The court clarified the rights of the parties in the subject property and directed the appointment of a Local Commissioner to effectuate the preliminary decree for partition, in line with the provisi....
The jurisdiction of civil courts is barred under Section 154(1)(e) of the Assam Land Revenue Regulation if the plaintiff is not in possession of the land and fails to meet the conditions for imperfec....
Jurisdiction in partition suits remains intact despite subsequent land acquisitions, and inherent powers under C.P.C. cannot override specific statutory provisions.
Point of law: It is a settled legal proposition that not only administrative but also judicial order must be supported by reasons, recorded in it. Thus, while deciding an issue, the court is bound to....
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