LawMirror.com

Results of 1

Showing : 451-460 of 4739 Results

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Court instead of closing right to file written statement should grant some time to defendant subject to payment of reasonable costs to compensate the inconvenience caused to plaintiff - Order by High Court allowing defendant to file written statement within the extended time by..........

GUJARAT HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3, 10 -- Death of sole plaintiff during pendency of appeal - Appeal abated as non applied for substitution of L.R's - Application by third party for joining them as appellants - Not maintainable - Such application can be heard only in pending proceedings and not when proceedings stood..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Defendant impleaded in the suit on the demise of her father and in substitution of her father and not owing to any independent right of defendant - Merely because nomenclature of O.1.R.10 CPC used would not change the position of law of defendant having come into the picture as heir of father...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 9, Succession Act, 1925, Section 63 -- Non-joinder of necessary party - Will - Petitioner claiming their entitlement only on basis of Wills and petitioner were justified in impleading only those legal heirs who were contesting Wills or were setting up a counter Will and excluding other legal heirs, if any, who were not disputing..........

GAUHATI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Specific prayer made in plaint for cancellation of mutation/jamabandi issued in favour of defendant - It is thus, incumbent on plaintiff to have impleaded State Government as a necessary party - Suit held, not maintainable, as necessary party to suit not impleaded...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 47, Order 1, Rule 10 -- Execution - Decree of mandatory injunction against daughter-in-law by father-in-law - Objection as to no, impleadment of minor child of daughter-in-law - However, said objection was specifically dealt with by trial Court in application U.O.1.R.10 CPC and rightly dismissed - Even otherwise, property in question is..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Courts shall keep in consideration provision of O.14.R.1 CPC before framing issues - Order farming issues must show application of mind and distinct issue should be framed on each material proposition affirmed by one party and denied by the other...........

CALCUTTA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Defendant purchased demarcated portion of land from plaintiff No.2/co-sharer and obtained a sanction plan from local Gram Panchayat for construction in said portion - Admittedly, defendant after purchasing said portion of land raised construction over..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Provision is intended to curtail evidence thereby expediting trial of suit, saving time of Court and costs of litigation to the parties - They have to be liberally used and parties have to be encouraged to use them in the course of trial...........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Provision gives a party a right to interrogate with a view to obtaining an admission from opponent of everything which is material and relevant to the issue raised on the pleadings - Object is to obtain an admission from the opponent which will make the burden of proof easier than it otherwise would have..........

Showing : 451-460 of 4739 Results