Ninad .P.

Shah
Advocate
Civil Procedure Code, 1908 : Weekly Case Laws 11 to 20

Sr. No. Topic Citation Particulars

11 Ex Parte (2007) 8 SCC 329 Ex parte decree is good and effective as a

Decree decree after contest and would operate as
res judicata, unless party challenges it
establishes fraud or collusion.

12 Lok Adalat AIR 2008 Del 26 Award passed by lok adalat treated as
Decree AIR 2008 DElhi decree of civil court
17
AIR 2008 (NOC)
2616 (Ori)

13 Order AIR 2011 J&K 29 ● Order under O7 R11 is a decree

Rejecting (30,31) ● it is appellable
Plaint ● Revision does not lie
O7 R11

14 Dismissal for AIR 2008 HP 107 Order dismissing suit for non payment of
non cost is essentially dismissal for non
payment of prosecution.
cost not a decree.
No
Prosecution

15 Rejection of AIR 2011 Raj 101 an order rejecting condonation of delay is

Condonation not a decree.
of Delay dismissal of an appeal as time barred is
not a decree.

16 O22 R4 AIR 2007 All 105 The order passed under O22 R5 being
Summary summary in nature cannot be
contemplated as a decree under S-2(2) of
cpc.

17 Legal (2005) 7 SCC 224 Legal Representative includes donee of

Representati suit property.
ve
Donee

18 Legatee (2010) 2 SCC 162 Legatee (a person who receives legacy)

under will under a will intending to represent the
Representati interest of the estate of deceased
ve testators is an illegal representative.

19 Married AIR 2011 Mad Claim petition under Motor Vehicle Act,

Email ID – adv.ninad.shah@gmail.com
 Ninad .P. Shah
Advocate
Sister of 118 award can be made in favour of married
Deceased sister of the deceased - valid
Motor
Vehicle

20 Married AIR 2011 Chh Married daughter of the deceased would

daughter of 166 (DB) inherit the estate of the deceased as such
deceased would be legal representative under
inherit S-166 of Motor Vehicle Act.
M V Act

Email ID – adv.ninad.shah@gmail.com