Showing : 1971-1980 of 16929 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Pleas taken by defendant in written statement would be totally irrelevant at the stage of deciding an application U.O.7.R.11 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh suit - Suit can be withdrawn when Court is satisfied that suit must fail for reason of some formal defect or that there are other sufficient grounds for allowing plaintiff to institute a fresh suit - Power to allow withdrawal of suit is discretionary...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit - Formal defect - Defect in survey no. of suit property - Goes to very core of subject matter of suit - Entire proceedings would be fruitless if decree holder is not able to get the decree executed successfully - Said defect thus, constitute "formal defect" within the meaning of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Enquiry U.O.7.R.11(a) of the Code can be taken up at any stage...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Defendant claiming to be tenant of non impleaded owner - Impleadment of non impleaded owner is necessary for complete and effective adjudication of matter...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Replication, if filed, in a given situation, the same also can be looked into to see whether there is any admission on the part of plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - U.O.7.R.11 CPC, Court has to take a decision looking at the pleadings of the plaintiff only and not on the rebuttal made by defendant or any other materials produced by defendant...........
MANIPUR HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Matrimonial dispute - Service of summons on younger sister of defendant - Process server failed to mention that sister was an adult member - That apart, summon by process server does not seem to have been effected properly as it was never served in presence of two..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Recovery suit - Limitation - Defendant made a part payment towards amount due in 2002 - Thereafter no amount was paid by defendants - Suit filed in the year 2005 - Suit is within period of 3 years and not barred by limitation...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Earlier application was dismissed as not pressed - Fresh application for amendment not barred...........

Showing : 1971-1980 of 16929 Results