Showing : 881-890 of 1456 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Suit for specific performance - Suit alleged to be filed by plaintiff in collusion with defendants and that too on the basis of forged documents - Sale agreement alleged to be fabricated in collusion with each other - It is further the case of the applicants that actually..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 30-- Dispute regarding entitlement of compensation - Bar of jurisdiction of Civil Court - Suit for declaration regarding establishment of title over the suit property on the basis of decree for pre-emption - Suit property acquired by State - Trial Court holding plaintiff owner of suit property - Also..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Consent decree - Challenged - Amendment of written statement sought on the ground that he never engaged a counsel in the earlier case and that his signatures were obtained on a blank paper and written statement prepared on the blank papers - Amendment allowed - It..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 1, Rule 3A, 4, 5, 9-- Non-joinder - mis-joinder - Effect of - No suit shall be defeated by reason of non-joinder or mis-joinder of parties and the court may in either case deal with the matter in controversy so far as it regards the rights and interests of the parties actually before it...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 1, 2-- Misjoinder of parties or misjoinder of causes of action - It is a procedural objection and not a bar to the entertaining of the suit or the trial and final disposal of the suit - Court has the liberty even to treat the plaint in such a case as relating to two suits and try and dispose them off on..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 96, 105(1), Order 37, Rule 3(5)-- Summary suit - Leave to defend - Refusal - Decree passed could either be under O.37.R.3(6) or it could be based on affirmative evidence and the documents produced or even based on oral evidence - In case appellate Court set asides the order and gives defendant leave to defend then decree that is..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 96, Order 37, Rule 3(5), Constitution of India, 1950, Article 227-- Summary suit - Leave to defend - Dismissal of application - Final judgment and decree passed - Appeal thereagainst lies u/s 96 CPC - Instead of filing an appeal a petition under Article 227 of Constitution of India filed - Ordinarily when an appeal lies petition under Article 227 of Constitution..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 41, Rule 33-- Power of Appellate Court - The provision enables the Appellate Court to pass any decree that ought have been passed by the Trial Court or grant any further decree as the case may require - The powers could be exercised not withstanding that the appeal was only against a part of the decree and..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 107, Order 41, Rule 33-- Appeal - Discretionary power of Appellate Court - Where Appellate Court has power to reverse trial Court's finding on which dismissal of suit is based and to grant decree on merits of case, there is no need to have recourse to discretionary power U.O.41.R.33 for granting decree - High Court having..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Incorporation of plea of resjudicata - Suit for declaration challenging decree of Civil Court - Another suit qua the same matter in dispute decided by Civil Judge after filing of written statement - Application for amendment of written statement raising preliminary..........

Showing : 881-890 of 1456 Results