Showing : 1-10 of 18785 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 17(1)-- Appeal - Non-appearance of appellant - Court has no power to dismiss appeal on merits - Court may if deems fit dismiss appeal for default of appearance...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 14, Rule 5-- Additional issues - O.14.R.5 CPC empowers Court to frame an issue not only on basis of plaint and written statement but also on basis of material before it after examination U.O.10.R.2 CPC and after hearing parties and their pleaders and thereupon proceed to frame and record issue on which right..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 26, Rule 10, 12, 14-- Distinction between Order 26.Rr.10, 12 & 14 - While Commissioner contemplated U.O.26.Rr.10,12 are those appointed during the trial of suit whereas Commissioner U.O.26.R.14 is one appointed after passing a preliminary decree in partition...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of an issue - An issue can be framed on admitted fact, if considered necessary by Court and therefore even in absence of replication issue can be framed...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication - Duly verified replication filed, without accompanying an affidavit, as required U.O.6.R.15(4) CPC does not mean that it is incomplete...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of an issue - At the time of consideration U.O.14.R.1 CPC for framing issues, pleadings are to be seen only and filing or no, filing of affidavit in support of pleadings which is independent of pleadings is not material as it is curable technical defect...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 14, Rule 5-- Framing of additional issues - Plaintiff sought framing additional issues with respect to Will propounded by defendant - There are two Wills, one is relied by plaintiff and another by defendant - Therefore, both are denying right of each other put-forth on basis of respective Will relied by..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Court may exercise its discretion and permit filing of counter claim after written statement, till the stage of framing of issues - In exceptional circumstances, subsequent filing of counter claim may be permitted till the stage of commencement of recording of evidence on behalf of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Provision of O.8.R.6-A CPC does not put an embargo on filing counter claim after filing the written statement - Restriction is only with respect to the accrual of cause of action - However, this does not give absolute right to defendant to file counter claim with substantive delay,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 9, 10, Civil Procedure Code, 1908, Order 6, Rule 17-- Counter claim - Court is vested with discretion to allow filing of counter claim even after filing of written statement, as long as same is within limitation prescribed under Limitation Act...........

Showing : 1-10 of 18785 Results