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RAJASTHAN HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 17, Rule 1 -- Closure of defendant's evidence - Three opportunities were granted to defendants to produce their evidence but they failed to do so - Trial Court justified in closing evidence of defendants - However, be that as it may, denial to adduce evidence may cause serious prejudice to defendants as such one more opportunity is given..........

DELHI HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit for recovery - Suit U.O.37 CPC for recovery of a debt or liquidated demand in money would lie on a written contract...........

DELHI HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit for recovery - Denial of - Reasoning given by Court below that ex facie suit claims relief which are beyond O.37 CPC does not prima facie seem to be a correct finding - Question as to whether in the suit plaintiff is claiming relief beyond O.37 CPC would be a defence which defendant may take in its leave to..........

RAJASTHAN HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction simpliciter - No ownership or possession is claimed - Applicant who sought his impleadment on the basis of ownership of land regarding which permanent injunction was sought by plaintiff, is neither necessary party nor a proper party - Application rightly dismissed...........

RAJASTHAN HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Deletion of name of a party - Allegations in plaint are general qua all defendants including petitioner - On the basis of averments in application role/capacity of petitioner cannot be determined - Application rightly rejected...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Once an application for withdrawal is filed seeking liberty to file a fresh suit, on grant of permission of withdrawal, the liberty has to be presumed in law, whether specifically granted or not - This is because such an application has either to be allowed fully or rejected...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Irreparable harm - Question of irreparable harm to a party complaining of breach of contract does not arise if other remedies are available to the party complaining of the breach...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Apart from existence of a prima facie case, balance of convenience, irreparable injury, conduct of party seeking equitable relief of injunction is also very essential to be considered...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Plaintiff seeking temporary injunction in a suit for specific performance has to establish a strong prima facie case on basis of undisputed facts - Conduct of plaintiff is also very relevant consideration for purposes of injunction - Discretion at this stage has to be..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Whether there existed concluded contract between parties or not, is itself a matter for trial to be decided on basis of evidence that may be led - Part of consideration amount not paid by plaintiff - Balance of convenience is in favour of defendants on account of..........

Showing : 11-20 of 4739 Results