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Results of suit for declaration of civil death

Showing : 1-10 of 20 Results

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Earlier suit for declaration and permanent injunction filed by plaintiff dismissed - Subsequent suit filed for partition on different cause of action - After death of mother of plaintiff, Will came into force and plaintiff is challenging the same and regarding same relief of declaration..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Daughter seeking impleadment after death of her father and mother claiming share left behind by them - Partition effected pursuant to decree passed in earlier suit for declaration cannot in any way disentitle daughter from claiming share in property of her father and mother - Though..........

KARNATAKA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree against a dead person - Death of defendant and his LR's not impleaded - Separate suit can be maintained by heirs of deceased defendant seeking a declaration that decree passed is a nullity and not enforceable against them...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Documentary evidence on record proved that suit land was in exclusive possession of predecessor-i, interest of plaintiffs after partition in 1919 and it was allotted to plaintiff after his death - Plaintiffs are owner in possession of suit land and entry in favour of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration challenging validity of Will - Suit filed during lifetime of testator - No cause of action accrue to the plaintiff, as cause of action to challenge validity of Will arises only after death of testator - Suit, held, not maintainable - Plaint rejected...........

ORISSA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal to grant - Legality - Suit for declaration and permanent injunction - Plaintiff sought relief of temporary injunction - Defendant opposed said relief by producing death certificate of original owner of land and contended that sale deed executed by original owner in favour of plaintiff was..........

KERALA HIGH COURT

Year of decision: 2011
Details

Succession Act, 1925, Section 306, Civil Procedure Code, 1908, Order 22, Rule 3 -- Suit for declaration by donor or his LRs - Maintainability - Held, a suit for declaration that the documents executed by donor or assignor are not valid, or are vitiated by undue influence, fraud or coercion, could be filed by donor or assignor, as the case may be - Such a suit could be..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Evidence Act, 1872, Section 106, 108 -- Civil Death - Presumed death - Burden of proof - Suit by 'PL' for declaration that 'M' not heard of since 1954, presumed dead and 'PL' entitled to succeed to the estate of deceased being nearest heirs - Decreed exparte - Suit challenging exparte decree - Plaintiffs, female relative - Proved to be nearest heirs of 'M' - Not impleaded..........

THE CONSUMER DISPUTES REDRESSAL COMMISSION, UNION TERRITORY, CHANDIGARH

Year of decision: 2007
Details

Consumer Protection Act, 1986, Section 2(1),(g), Evidence Act, 1872, Section 108 -- Insurance claim - Missing insured - Presumption of death - Decree as to civil death passed in terms of Section 118 of the Evidence Act - Presumption of death has to be concluded from the date of commencement of proceedings i.e. on which date suit for declaration of civil death of insured..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 22, Rule 4, Limitation Act, 1963, Section 21(1) -- Suit against dead person - Bonafide Mistake - Suit for declaration - Correction of error - Process serving agency reported death of one of the defendant - Application under O22 R 4 read with O1 R10 impleading LR's of deceased..........

Showing : 1-10 of 20 Results