Showing : 571-580 of 2376 Results

UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100, Order 2, Rule 2-- Bar of subsequent suit - Second appeal - Subsequent suit filed in respect of same property as was in the earlier suit - Both the parties are also same - Even reliefs claimed in both the suits were in respect of same property - Second suit is barred U.O.2.R.2 CPC - Findings of Courts below are..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Can be allowed where documents were not available either at the stage of trial or during pendency of first appeal and said documents have a bearing on merits of case...........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Can be permitted subject to such conditions and limitations as are prescribed in O.41.R.27 CPC - Mere ground that document can be produced at any time before the decision of appeal is not sufficient to allow additional evidence...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Dismissal of application - Order refusing to reject plaint is in the category of a preliminary judgment, therefore, appeal against said order is maintainable...........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Hearing of appeal yet to commence - Application for adducing additional evidence can only be considered at the time of hearing of appeal - Lower appellate Court has not exercised its discretionary power in a judicial manner by considering said application..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Death of respondent during pendency of appeal - It is responsibility of appellant to bring on record legal representatives of deceased respondent...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Death of defendant - Legal representatives - O.22 CPC stipulates the manner in which LRs of party ought to be brought - Prescribed procedure cannot be circumvented by filing application U.O.1.R.10 & u/s 151 CPC - Since no steps were taken to bring on record LRs of deceased defendant either in..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9-- Abatement - Delay in bringing on record the LRs of defendant - Condonation of delay - On sufficient cause, delay in bringing LRs of deceased party should be condoned - Procedure is meant only to facilitate the administration of justice and not to defeat the same - Delay condoned - Appeal restored...........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 33, Rule 11(b)-- (as amended by State of Kerala) - Permission to sue as indigent person - Payment of Court fee - By amendment in O.33.R.11(b) CPC, word `shall' substituted by word `may' which confers discretion on Court to decide whether plaintiff should be mulcted with liability to pay Court fee, in a case where..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 33, Rule 11(b)-- (as amended by State of Kerala) - Permission to sue as indigent person - Payment of Court fee - Discretion is conferred on Court to pass an order as regards payment of Court fee - However, if said discretion is not exercised in favour of unsuccessful appellant while disposing of appeal,..........

Showing : 571-580 of 2376 Results