Showing : 3341-3350 of 19681 Results

CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 8, 9-- Partition suit - Dismissal in default - Bar to fresh suit on same cause of action - Not applicable to partition suit - Successive suit for partition on same cause of action, is maintainable till partition is effected by metes and bounds...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Order 9, Rule 8-- Res judicata - Partition suit - Dismissal in default - Order of dismissal for non appearance of plaintiff in earlier suit does not operate as res judicata in subsequent suit...........
MANIPUR HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 3, Rule 4(2)-- Change of counsel - Another counsel engaged before getting `No objection' from counsel to be changed - Plea that this is unfair and unreasonable - Supreme Court Judgment in R.D.Saxena Vs Balram Prasad Sharma, reported in 2000(3) Civil Court Cases 695 (S.C.) : 2000(2) Apex Court Journal 12 (S.C.)..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint Res judicata - Not a ground to reject plaint - Res judicata is a mixed question of law and fact and it requires evidence to be recorded to decide it...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 16, 20, Order 7, Rule 10-- Jurisdiction - Court concluding that it has no jurisdiction - Recording of finding on merits not permissible - Only course open to Court is to return plaint to be presented before proper forum...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 16, 20-- Jurisdiction - Court having no jurisdiction if still decides matter - Cannot be cured by the Act or consent of parties...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 16, 20-- Jurisdiction - A case of inherent want of jurisdiction can be set up at any stage of proceeding but not an irregularity in exercising jurisdiction...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6A(1)-- Counter claim - Not maintainable, as cause of action for filing counter claim arose after 14 years of filing of written statement - However, dismissal of counter claim would not bar defendant to institute independent suit in accordance with law...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - While deciding application for rejection of plaint, Court is not competent to go into correctness or otherwise of allegations contained in plaint - Plaint is only rejected if statement in plaint without any addition or subtraction appears to be barred by law...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court not to go into correctness or otherwise of allegations contained in plaint - Plaint is only rejected if statement in plaint without any addition or subtraction appears to be barred by law...........

Showing : 3341-3350 of 19681 Results