Showing : 1-10 of 102 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Where serious factual disputes and defence of defendants in suit is on record, it is not permissible for making roving enquiry for disposal of application filed U.O.12.R.6 CPC...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Marking of document - Memorandum of deposit of title deeds - Validity of such document can be decided at the time of disposal of main suit - Question as to whether memorandum requires registration or not needs to be decided before document is admitted in evidence - Defendant permitted to agitate..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution proceedings - JD contended that DH by playing fraud on Court obtained decree, thus, decree is not executable and proceedings in execution case be stayed till disposal of suit instituted by JD against DH - However, detail particulars of fraud have not been stated in plaint as per..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Status quo order - Plaintiff has raised arguable question in suit, which needs to be determined on the basis of totality of evidence to be led on record by respective parties - He has been able to show prima facie case in his favour and balance of convenience also lies in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Setting aside ex-parte order - Appeal against dismissal of application - Prayer for setting aside ex-parte order made during pendency of suit U.O.9.R.7 of CPC and not after its disposal U.O.9.R.13 - Therefore, an appeal preferred against order passed in relation to an application U.O.9.R.7 of CPC,..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Deletion of name of defendant No.2 as party - Defendant No.2 has interest in property - He is a necessary party whose presence is required for disposal of suit - Merely on the ground that no relief is being sought against defendant No.2, his name cannot be deleted, as power of Court U.O.1.R.10 CPC..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 15, Rule 1, Specific Relief Act, 1963, Section 6-- Disposal of suit on first hearing - Suit for restoration of possession u/s 6 of S.R Act - Suit property not disputed to be rented out to plaintiff - Defendants admitted that they locked suit premises without taking recourse under law available to them - Suit was preferred within 6 months as..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Proceedings pending before Sub Registrar - Subsequently civil suit filed for partition - Two different cases not pending before two different civil Courts - Proceedings pending before Registrar cannot be termed as suit pending before competent civil Court - S.10 CPC is not..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 13, Rule 10(2), Civil Procedure Code, 1908, Order 11, Rule 12-- Production of document - Document in question was in the possession of police authorities, having subject matter of proceedings initiated by plaintiff by filing an FIR against third party as well as defendants - Said document is relevant and necessary for the purpose of true and correct disposal..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 15-- Disposal of suit at first hearing - Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - Defendant not enforcing the gift - Question of putting suit to trial to determine intention of parties, does not arise - Plaintiff is entitled to a..........

Showing : 1-10 of 102 Results