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DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Suit for mandatory injunction - Directing defendants to remove transformer and electric pole installed in the suit property - Pleas sought to be taken by defendant in review application are legal pleas, which require a foundation in the pleadings and the same admittedly did not exist - Moreover, defendant till date..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 11, Order 14, Rule 1, Hindu Marriage Act, 1955, Section 13 -- Preliminary issue - Res judicata - Divorce petition on ground of cruelty and desertion dismissed on merits - After four years petition for divorce on same grounds filed - To decide issue of res judicata Court is obliged to appraise pleadings and then find out whether any fresh..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Liberty to file afresh suit - Partition suit - One of property left out - Left out property came to knowledge of plaintiff after filing of suit - Suit for partial partition will fail - Liberty granted to institute fresh suit on same cause of action...........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Application for taking on record the certified copy of challan - Fact of filing FIR already indicated in the reply before Tribunal and during pendency of said proceedings challan has been filed - Once plea is raised in the written statement and a subsequent event thereto has happened, document should be..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Out of four issues burden of proof lies on plaintiff on three issues, which includes the core issue - Directing defendant to begin is contrary to O.18.R.1 CPC and Ss.101 to 104 of Evidence Act - Impugned order of trial Court directing defendant to begin trial, held, not proper...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Court has discretion to allow defendant to file written statement even after expiry of 90 days under exceptional circumstances as O.8.R.1 CPC is directory - Even Court has discretion to grant more than three opportunities/adjournments in case of special and extraordinary..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Striking of defence - Defendant not filed his written statement within statutory period despite being granted last opportunity - Defence of defendant struck off for not filing written statement in time - However, keeping in view the facts and circumstances of case one last..........

ORISSA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Impleadment of State as party - Notice u/s 80 CPC not issued to State - Proposed amendment is entirely new cause of action - It is based on events, which took place after filing of plaint - It amounts to fresh case - If new cause of action is introduced,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Both plaintiff and defendant are in equal shares of property - Defendant is wife of plaintiff and plaintiff already directed to provide residence in shared household to his wife/defendant in petition u/s 23 of PWDV Act filed by her - In such situation granting of injunction in favour of..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error has to be self evident and is not to be found out by a process of reasoning...........

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