Showing : 2931-2940 of 16931 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Constitution of India, 1950, Article 227-- Impleading a party - Application rejected by trial Court - Writ petition filed U/Art. 227 of the Constitution - In the writ petition, a notice must be issued to the proposed party as in case writ petition is accepted and it is held that proposed party is a necessary party, opportunity to file..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for specific performance - Subsequent purchasers - Part of suit property purchased by petitioner after date of agreement to sale, which is subject matter of suit in question - Petitioner clearly fall within the category of subsequent purchaser and would definitely be..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Subsequent events - Amendment sought to incorporate certain acts committed by petitioners subsequent to filing of suit - Proposed amendment is continuation of what is already averred in the plaint - Said amendments thus, not change the nature of suit - Amendment necessary for..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Eviction suit - Death of plaintiff - One of the sons of plaintiff already substituted on the basis of Will - Petitioner is another son of plaintiff, who is seeking impleadment on the ground that property is ancestral property and he is a co-owner - Will in question has not..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Defence set up by defendant completely frivolous and moonshine as he does not raise any triable issue - Promissory note relied upon by plaintiff may not meet the requirement of a promissory note as defined in S.4 of Negotiable Instruments Act -..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Recovery suit - Suit of plaintiff decreed and liability of defendant stands established - There is every likelihood that defendant may evade execution of decree passed by Court, as previous conduct of defendant shows that even earlier he issued post dated cheques which..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 1, 22-- Appeal - Non consideration of cross objections while deciding appeal - First Appellate Court manifestly erred in not considering cross objections - It is a serious error, which may cause serious prejudice to legal rights of defendants - Impugned judgment set aside - Matter remitted for decision..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-- Recall of a witness for further examination-in-chief - Court can call any witness at any stage or recall any witness, if it considers that some clarification is required from witness - However, there is no such provision under law for recalling the witness again and again for the same purpose -..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Based on subsequent developments - Amendment if allowed would not change the nature of suit - Amendment rightly allowed...........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 11, Rule 14, 12-- Production and discovery of documents - Both are distinct and independent - Party may not apply for both at a time and may ask independently for each one - Generally, party would apply for discovery of document and if this application is allowed then upon giving discovery of document by other..........

Showing : 2931-2940 of 16931 Results