Showing : 3631-3640 of 17607 Results

HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9.O-- Restoration of suit dismissed in default - Sufficient cause for no, appearance refers only to date on which absence was made as a ground for dismissal of suit - It cannot stretch to circumstances anterior in time - Since restoration application was filed without any delay, absence of plaintiff on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 28, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree passed under Hindu Marriage Act - Application U.O.9.R.13 CPC to set aside ex parte decree is maintainable - A party aggrieved by an ex parte judgment and decree may either file an application U.O.9.R.13 CPC or an appeal...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Admission - Withdrawal of admission not permissible - Admission can be clarified or explained by way of amendment - Amendment sought to withdraw admission rejected - However, opportunity given to explain/clarify admission in the written statement which will be..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Article 120-- Death of plaintiff - Substitution of L.R's - Limitation - Where plaintiff dies and right to sue survives, Court on an application made in that behalf shall cause L.R's of deceased plaintiff to be made party and shall proceed with the suit - However, period of limitation for moving such..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Death of plaintiff - Substitution of L.R's - Condonation of delay - Application filed by daughter/respondent after 11 years of death of her father/plaintiff - However, period of limitation for moving such application is 90 days u/art 120 of Limitation Act - More so, respondent had full knowledge..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Delay in itself may not be crucial on an application for amendment in a written statement, be it for introduction of a new fact or for explanation or clarification of an admission or for taking an alternate position...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Admission - A party cannot be permitted to wholly withdraw the admission in pleadings - However, admission can be clarified or explained by way of amendment and basis of admission can be attacked in a substantive proceedings...........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Prohibitory injunction - Taking forcible possession by J.D. after passing of decree - Executing Court can execute decree by issuing warrant of possession - Held, none can be permitted to take forceful possession by violating prohibitory injunction decree - If J.D. enters into..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Prohibitory injunction - Executing Court may execute the decree for prohibitory injunction by delivery of any property specifically decreed or; by attachment and sale or sale without attachment of the property of the judgment-debtor or; by arrest and detention of judgment-debtor in..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10-- Return of plaint - Lack of jurisdiction - Dispute relating to Wakf property - Matter falls within ambit of Wakf Act and only Wakf Tribunal has jurisdiction to dispose of the dispute - Civil Court has no jurisdiction to decide the same - When special remedy is provided in a special statute then..........

Showing : 3631-3640 of 17607 Results