Showing : 21-30 of 67 Results

ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Delivery of possession after execution of sale deed, in absence of prayer for possession, in plaint - Either a separate suit for delivery of possession can be filed or relief of possession can be sought by seeking amendment of plaint and such a prayer can be made at any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Defendant made categorical admission regarding execution of agreement and subsequent cancellation thereof in written statement - Held, it cannot be allowed to be withdrawn by way of amendment - Petition dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Limitation Act, 1963, Article 136-- Execution - Limitation - Amendment of decree - Decree which is subjected to an amendment can be enforced only as amended and limitation to execute decree would start only from the date of amendment of the decree...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Registration Act, 1908, Section 17, 49- - Agreement to sell - Suit for specific performance - Registration of agreement when there is stipulation as to transfer of possession - Amendment requiring registration of such an agreement inserted after execution of agreement - Held, clause inserted vide notification after execution of agreement..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - Proposed amendment to incorporate prayer for possession - Due diligence test not required to be satisfied when prayer for possession is sought to be introduced by way of amendment in a suit for specific performance - Such relief can be asked..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment at execution stage - Amendment sought to correct name of Kissam - Executing Court rejected the amendment application and also dismissed the execution case - Held, order rejecting amendment set aside and quashed - Execution case revived - Executing Court will correct decree by..........
ORISSA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Plaintiffs filed suit for declaration of right, title and interest over the suit land and for eviction of defendant No.1 with a prayer for permanent injunction - Earlier, suit for declaration of title and permanent injunction filed by purchaser of disputed land from..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 66-- (Andhra Pradesh Amendment) Execution of decree - Judgment-debtor was not even given an opportunity to furnish value of property - Record discloses that even court did not make necessary efforts to ascertain value from registrar's office - Held, entire execution proceedings become void in case..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 38,39-- Execution of decree - (as inserted by amendment), O. 21, R. 3 and 48 - Jurisdiction - Held, as per S.39 there is no scope of exercising the jurisdiction for execution at the instance of original Court which passed the decree if the person or the property, as the case may be, against which the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 58-- Execution - Execution petition closed - Application for amendment - Maintainability - Held, question of seeking amendment by filing an application U.O.6.R.17 CPC, whether in a suit, or in an execution petition, after the proceedings are terminated does not arise - It is only when the suit or..........

Showing : 21-30 of 67 Results