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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 151, Order 13, Rule 1 -- Application of defendant for production of documents by way of additional evidence dismissed by trial Court - Defendant seeking production of certified copy of jamabandi on record - Said documents being certified copies exhibited in earlier suit is per se admissible in evidence - Moreover, such documents can be..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and mandatory injunction - Plaintiff himself admitted that one of survey no of suit property stood in the name of one person - Having not impleaded the said person, suit is hit by no, joinder of necessary party...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 1 -- Cause of action - Not disclosed in plaint - Suit dismissed - Court is not required to go through the evidence to find out as to what cause of action has accrued to the plaintiff...........

MADRAS HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 14, Rule 1, Hindu Marriage Act, 1955, Section 12(1)(c) -- Preliminary issue - Annulment of marriage - Issue with respect to mental status of wife and non consummation of marriage - Both issue involve factual evidence - Cannot be tried preliminary issues without a finding on other issues...........

MADRAS HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit u/s 92 CPC - Seeking removal of all persons including Trustees, Directors, Secretary and Cashier etc. - Suit is not maintainable without making them as parties to suit, as suit is bad for no, joinder of necessary parties...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 1(r) -- Appeal - Ex parte injunction order - Provisional, temporary or interim order rendered U.O.39.Rr.1, 2 CPC is appealable U.O.41.R.1(r) CPC - However, aggrieved person can also recall such ex parte interim injunction order...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Ex parte injunction order - Order is appealable U.O.41.R.1(r) CPC - Revision against same is not maintainable, as remedy of revision u/s 115 CPC is available against orders against which statutory appeal is not provided...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Objection in respect of taking written statement on record was filed after 11 months of its filing - Once written statement was already on record and with a delay of only nine days, Court below ought to have exercised its discretion to promote the ends of justice rather than to non suit the defendant on..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from carrying out excavation upto 22 feet for the purpose of construction of basement adjacent to the house of plaintiff - Said excavation resulting into damage to the foundation as well as wall above of the house of plaintiff - These facts have been corroborated by report of..........

ORISSA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 151, Order 13, Rule 1 -- Production of documents - After closure of evidence by both the sides - No good cause shown to the satisfaction of Court for not filing documents on or before the statement of issues - Ignorance of plaintiff would not provide sufficient excuse for delay in making application, as S.151 CPC cannot be used for..........

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