Showing : 2001-2010 of 16929 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Issue of limitation and Court fee - Can be considered on the basis of evidence adduced by parties - Plaint cannot be rejected only on this ground - Application rightly dismissed...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Limitation Act, 1963, Section 5-- Recovery suit - Restoration of suit - Dismissed in default - Condonation of delay - There is no gross negligence or lack of bona fides on the part of plaintiff - Plaintiff's claim for recovery of Rs.3,94,754 against defendant warrants adjudication - Order dismissing suit set aside...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 25, Rule 1-- Security for costs - It is not mandatory to direct that plaintiff provide security for costs in each and every case - Court is required to record reasons in writing if Court feels that such an order is necessary - However, O.25.R.1 Proviso, CPC is couched in affirmative terms - It is applicable..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 25, Rule 1-- Security for costs - Plaintiff a foreign entity and not having immovable assets in India - Rationale of O.25.R.1 Proviso CPC is to ensure that defendant is not put to any inordinate inconvenience of enforcing award of costs in another jurisdiction - Plaintiff directed to provide security for costs..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6-- Set off - Recovery suit - Only an ascertained sum of money legally recoverable by defendant from plaintiff can be set off in a suit for recovery of money...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for permanent and mandatory injunction - Plaintiff claimed his right and title over suit property on the basis of sale deed executed in his favour - Defendant on the other hand himself admitted that no ownership was transferred in his favour - Neither name of defendant was..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Recovery suit - Plea of adjustment - Settlement of amount towards dues of plaintiff took place before institution of suit which is an indication that plea is one for adjustment - Court below refused to countenance the plea of adjustment on the premise that no counter claim was..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Pre-trial amendments which address real controversy between parties in suit are not to be disallowed ordinarily, because it prevents multiplicity of suits, unless it seriously prejudices interest of other side...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - While considering amendment application Court is not required to address merits of plea sought to be incorporated...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Injunction suit - Amendment sought to declare sale deed executed during pendency of suit to be null and void - Suit was instituted claiming that suit property was joint property and without partition defendants cannot sell any specific portion nor they can evict plaintiffs..........

Showing : 2001-2010 of 16929 Results