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Results of affidavit civil procedure code

Showing : 71-80 of 370 Results

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit reserved for judgment - Affidavit filed in support of application does not disclose reasons much less valid reasons - Court has to take into consideration the prejudice likely to be caused to the parties to the proceedings while disposing of application of this nature - Possibility of filing such..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on the basis of materials relied upon by defendant which was brought on record along with an affidavit, in support of application along with written statement...........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - Plaintiff able to satisfactorily discharge obligations by making out a case for passing a decree against defendant - It is appropriate to dispense with the requirement of plaintiff to file an affidavit by way of evidence in support of its pleadings - Suit decreed...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Will -- Proof - Affidavits of marginal witnesses - Ex parte evidence of witnesses can be by way of affidavit as per O.19.R.1 CPC (As applicable in U.P.) - Requirement of Will being proved stood discharged - Since defendant failed to challenge the same, Will, held, proved. (Civil Procedure Code, 1908, O.18.R.1, O.19.R.1-A (As in U.P.)...........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Lawyer engaged passed away - Such averment made in application supported by an affidavit - Sufficient cause for non appearance established - Ex parte decree set aside...........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Delay of 168 days in filing appeal - No sufficient cause mentioned in the affidavit regarding delay except making bald unsubstantiated allegation - Basing on lame excuse or unsubstantiated cause, it is difficult to condone delay - Delay not condoned -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 18, Rule 4 -- Deposition in affidavit of examination-in-chief beyond pleadings - Whether particular evidence in the shape of examination-in-chief affidavit pertains to the fact in issue or to the relevant facts, cannot be determined by High Court but opposite party will have sufficient opportunity to impeach the credibility of deponent by..........

CALCUTTA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Documents in question were already on record which were filed with evidence on affidavit and were tendered for marking - But same were not marked as exhibits - Application for recall of witness in order to lead further evidence for the purpose of marking those documents as exhibits - Application..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit in lieu of examination-in-chief - Affidavit to contain only the relevant facts in issue - Affidavit should not be beyond pleadings and which is irrelevant to the issues framed - In case there are totally irrelevant depositions ex facie, Court can direct deponent to file fresh affidavit after deleting the irrelevant..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 26, Rule 4 -- Examination of witness on oath by oral evidence before Commissioner - Permissibility - Oral evidence has not been prohibited to be produced as per O.18.R.4 CPC and O.26.R.4 CPC - No distinction can be made for the purpose of recording of examination-in-chief by oral evidence or by..........

Showing : 71-80 of 370 Results