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CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 19, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4(2), Evidence Act, 1872, Section 3 -- Affidavit - Evidence by way of affidavit - Not evidence unless an opportunity of cross examination of deponent is given to the other side...........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 19, Rule 1, Evidence Act, 1872, Section 3 -- Affidavit - Evidence by way of affidavit - An affidavit can be termed to be an evidence within the ambit of S.3 of Evidence Act only in those cases where the same is filed at the instance or under the direction of the Court or where law specifically permits for proof of anything by affidavit...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 8(2) -- Representative suit - Notice of institution of suit - Personal service has to be resorted to at first instance or whereby due to reasons of number of persons or any other cause such service is not reasonably practicable, then by means of public advertisement such persons can be served...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 8(2) -- Representative suit - Notice of institution of suit - Suit land is situated in three different villages - Though munadi is effected - However, nothing brought on record as to whether munadi was conducted in different villages or defendants as shown in plaint are really residents of those villagers in which they have been..........

DELHI HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Deletion of defendant Nos.4 and 5 as parties to suit - Cause of action pleaded against defendants No.4 & 5 - Plaintiff sought a decree against defendants No.4 & 5 - Order as to deletion of defendant Nos.4 & 5 set aside...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Exchange of land - Mutation on the basis thereof - Exchange of land challenged on the ground of fraud - It requires investigation and this fact can only be ascertained after evidence of parties - At this stage defendants No.1 to 3 are owner-i, possesosn of suit land and as such, plea of plaintiff..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within extended period of 120 days - Defendant forfeits his right to file written statement...........

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 17, Rule 1 -- Closure of right of defendant to cross-examine plaintiff and PWs - Various opportunities were given to cross-examine witnesses to defendants, but on one ground or other, defendants sought adjournments - Even last opportunity given to defendant with costs also closed - Court proceeded ex parte against defendant no.2 and her..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration, permanent and mandatory injunction - Ownership of erstwhile owner of property stood extinguished automatically by coming into force of H.P. Tenancy and Land Reforms Act and it was defendant being tenant who was owner thereof - He is thus, not owner of property on the date..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Hand loan - Recovery suit - PW1/power of attorney holder of plaintiff is admittedly father of plaintiff - He had full personal knowledge of entire loan transaction, as loan transaction is routed through him and he was present during course of transaction - Merely because PW1 is a special Power of..........

Showing : 61-70 of 4739 Results