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HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - No error apparent on the face of record - Grounds urged by petitioner are the grounds for making an appeal and not for review - Review petition dismissed...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Writ petition filed that proceedings under Urban Land (Ceiling and Regulation) Act stood abated - Impleadment of authority for whose benefit land was acquired was necessary - In the absence of impleadment of such authority writ petition itself was not maintainable - Impugned order set aside - Matter..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - Provisions of O.16.R.1 CPC are not mandatory but only directory, as the procedural laws are meant for advancement of justice and not to subvert the same...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 16, Rule 1 -- Witnesses - Not named in the list of witnesses - Court can allow, to summon such witnesses, if required for proper adjudication of case...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction proceedings - Petitioners sought their impleadment on ground that they are owners of suit property - Disputes of landlord and tenant cannot be converted into title dispute by of impleadment of third party claiming ownership - Application rightly rejected with liberty given to petitioners..........

ORISSA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a stranger or third party - Stranger or third party is neither necessary party nor proper party in a suit for specific performance of a contract for sale of property, therefore, he cannot be added as a defendant in the suit...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit without permission - Maintainability of subsequent suit - Suit withdrawn as defendant stopped interfering - However, there is nothing on record to suggest that defendant had given any undertaking not to interfere in the suit land on the basis of which plaintiff withdrew the suit - Moreover there is no..........

UTTARAKHAND HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 39, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Order to issue notice to the opposite party - Order is not appealable...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence - Non production of witnesses despite grant of three opportunities - Before closing evidence Court should normally pass order of lesser gravity - One effective opportunity granted to plaintiff to produce her entire evidence subject to payment of Rs.5000/- as costs - Application allowed...........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Not re-hearing of case - Power of review not to be used to give a different verdict...........

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