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Results of civil procedure code 32

Showing : 1-10 of 321 Results

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151, Order 32, Rule 15 -- Appointment of guardian ad litem - Disability - Mere age, even of a 85 years does not by itself entail disability warranting appointment of guardian ad litem...........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151, Order 32, Rule 15 -- Appointment of guardian ad litem - Disability - Heart patient and suffering from diabetes - These are chronic but not diseases of disability - Application rightly dismissed...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Execution - Decree of specific performance - Decree was executable within two months of passing of decree on payment of balance sale consideration - In appeal appellate Court did not impose a time limit - Objections that balance sale consideration not deposited within time as decree was not stayed by first..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Removal of construction raised by J.D. after passing of decree for permanent injunction - Executing Court has every right to pass appropriate orders for removal of obstructions in order to give effect to the decree passed by trial Court...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree of permanent injunction - O.21.R.32 CPC in respect of intention violation requires stricter proof of dispossession with reference to date, time, place and manner of dispossession - Expression `the act requires to be done' would arise when factum of intentional dispossession is..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree of permanent injunction - DH not pleaded material particulars with regard to disobedience and dispossession in application U.21.R.32 CPC - Factum of dispossession as alleged by DH would remain on debatable note - Impugned order of allowing application U.O.21.R.32 CPC set..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Decree attained finality - Decree for permanent injunction can be executed where D.H. is dispossessed and Executing Court is within its jurisdiction to direct recovery of possession...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit by next friend/guardian - O.32.R.15 CPC prescribes that application can be filed for a person who is adjudged in an enquiry to be of unsound mind and shall also apply to a person who, though not so adjudged was found by the Court on enquiry to be incapable of any mental infirmity, of protecting his interest when suing..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151, Order 32, Rule 15 -- Person of unsound mind - Enquiry as to unsoundness of mind was not done - Impugned order of allowing application of appointing next friend of plaintiff without holding any inquiry, held, vitiated and set aside - Matter remanded to Trial Court for consideration afresh...........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 32, Rule 2, 3 -- Person of unsound mind - Suit filed through natural guardian/mother - Preferential claim of testamentary guardian - Appointment of testamentary guardian by father of plaintiff will not deprive mother of her right to act as natural guardian, till she remain alive, particularly when Will of father do not mention about any..........

Showing : 1-10 of 321 Results