Showing : 3631-3640 of 17124 Results

ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Suit for permanent injunction by tenant restraining landlord from evicting him without following due process of law - Defendant can advance a counter claim with the relief of eviction, arrears, house rent and damage - In view of admitted relationship, such a counter claim can never..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Limitation - When amendment does not alter the basic structure of suit but only seeks to add alternate plea and addition to facts already on record, amendment can be allowed even after statutory period of limitation...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 1A(1), (3)-- Late production of documents - Permissibility - Leave of Court to file documents subsequent to filing written statement can be granted only on the basis of pleading by defendants that they had a valid reason for not filing said documents along with written statement - Whether such documents were..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22(2)- - Amendment of plaint - As per S.22(2) Proviso of Specific Relief Act, if plaintiff has not claimed any relief in plaint, Court may at any stage of proceedings allow the plaintiff to amend the plaint on such terms as may be just for including such relief...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Partition suit - During pendency of suit defendant sold the suit property by way of sale deed in favour of her husband - Amendment sought to add prayer for declaration that said sale deed is sham and nominal - Application for impleading husband of defendant as party to suit..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17-- Impleadment - Amendment of plaint - Suit for declaration on the basis of adverse possession - Suit is not maintainable - Claim can only be agitated by way of defence - Once suit itself is not maintainable then applications seeking impleadment and amendment automatically become redundant...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - At the stage of judgment - Permissibility - Partition suit - Suit instituted in the year 2006 - However, no explanation on behalf of petitioner as to how all of a sudden he has gained knowledge about pendency of a civil suit and all other developments that have taken..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5-- Appeal - Condonation of delay - Delay of 168 days in filing appeal - No sufficient cause mentioned in the affidavit regarding delay except making bald unsubstantiated allegation - Basing on lame excuse or unsubstantiated cause, it is difficult to condone delay - Delay not condoned - Application..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 13, Rule 9-- Ex parte decree - Setting aside - Appeal against ex parte decree dismissed as not pressed - Withdrawing appeal or not pressing the appeal, is one and the same as in both the cases, there would be no order on merits - Since not pressing appeal would come under the purview of `withdrawal', it..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Where a competent Court in earlier suit of perpetual injunction gave a finding that a particular piece of land is a common passage, which having attained finality, said findings in the subsequent suit of declaration between same parties and regarding same subject matter is binding..........

Showing : 3631-3640 of 17124 Results