Showing : 8171-8180 of 20116 Results

KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Substitution of LRs - Proceedings for bringing LRs of 2nd respondent having been completed and decided by High Court earlier - Held, it cannot be recalled at the instance of respondents at the stage of final hearing...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Provision is directory in nature - Court's power to extend time for written statement beyond the period provided by O.8.R.1 CPC is not completely taken away...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Extension of time for filing written statement - Court while extending time observed that amendment in Code of Civil Procedure was made just few months back and the counsel and parties making themselves conversant with the same and are in the process of reading and..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 6-- Setting aside exparte order - Application to set aside ex parte order filed on the same day - Rejected on the ground that application was filed after orders had been passed - Not a ground for rejecting the application - There is no finding that cause shown for moving the application for..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Eviction petition - Appellate stage - Amendment sought regarding details of property - Held, if petitioner thinks that details of property, as have been given by landlord are wrong, these facts can be rebutted by filing affidavit before appellate court - If such..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13-- Written statement - Eviction petition - Amendment at appellate stage - Tenant purchasing share from one of the co-owners - Seeking amendment of written statement, at appellate stage that eviction petition is not maintainable - Held, eviction petition against a tenant who has purchased a share from..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Perverse finding of fact - Interference with - Held, existence of substantial question of law is `sine-qua-non' for entertaining second appeal - But when first appellate Court reversed well-reasoned finding of fact recorded by trial Court which is based on evidence on record and..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence - Appeal - Once application is allowed for adding additional evidence, due opportunity should be given to petitioner concerned to get documents marked in the way known to law - But if it is a public document and beyond controversy, straightaway, appellate Court can give marking..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 33-- Powers of appellate Court - Interest on arrears of rent - First appellate Court invoked provisions of O.41.R.33 of CPC and awarded 6% interest on arrears of rent without citing any reasons - Held, such exercise of power by first appellate Court unjustified...........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 35-- Costs - Waiver of - Plaintiff failed to file reply to IA - Delay caused in filing reply was not attributable to plaintiff as suit which was dismissed in default was restored after 4 months - Held, cost of Rs.50,000/- imposed by trial Court waived...........

Showing : 8171-8180 of 20116 Results