Showing : 1-9 of 9 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for declaration that ex parte decree obtained by defendant against father of plaintiffs was illegal, null and void and not binding upon plaintiffs - No evidence on record that decree in question was obtained by playing fraud upon Court - Neither father of plaintiffs nor..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Non-payment of ad valorem court fee - Suit for declaration - In a suit for declaration that civil court decree is illegal and is not binding upon rights of plaintiff, cloud on title is sought to be removed by way of declaration - Plaintiff not claiming possession - Plaint not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 10-- Stay of proceedings - Rejection of - Validity - Plaintiff filed suit for decree of declaration to effect that impugned power of attorney, agreement to sell, letter of possession and receipt etc. are illegal and contrary to law and not binding on his rights - Defendant contested suit filed written..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(iv)(c)-- Court fees - Suit for cancellation of sale deed - On the ground that it is illegal, null and void without seeking possession of property - Plaintiffs are liable to pay ad-volorem Court fee on the consideration of sale deed sought to be cancelled...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Court Fees Act, 1870, Section 7(iv)(c), 7(v),, Article 1, Civil Procedure Code, 1908, Order 7, Rule 11-- Suit for declaration challenging sale deed with consequential relief of possession - Application under O.7 R.11 CPC - Trial Court directed to pay ad-valorem court fee on sale consideration - Plaintiffs not party to sale - Sale deeds challenged on the ground that defendants have no alienable..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Structures made during the pendency of litigation - Demolition - In order to execute the decree for possession, Court can order for demolition of the existing structure made during the pendency of the litigation - J.D. cannot frustrate the decree for possession by raising construction during..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement in a suit for possession and declaration - By amendment taking plea to have been put in possession of suit property in part performance of agreement of sale and sale - deed in favour of plaintiff illegal, null and void - Right of agreement - holder became..........
PATNA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 47-- Suit dismissed with costs - Decree prepared for realisation of costs from plaintiff - Execution petition, by defendant, decree holder - Executing Court directing delivery of possession of suit land to decree holder - Illegal, as decree was only for recovery of costs and not for recovery of..........
MADRAS HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Granted on basis of report of Advocate Commissioner showing possession of plaintiff - As Local Commissioner cannot be appointed for ascertaining physical possession thus reliance on such report is illegal - Order granting injunction cannot be sustained...........

Showing : 1-9 of 9 Results