HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Civil suit - Each and every case has two elements: (i) maintainability; and (ii) Justiciability - Before entering into justiciability, it has to be decided whether lis is maintainable or not - Thereafter a Court ventures into adjudication of case on merit which is known as "justiciability"- When..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31-- First appeal - Scope - When appellate Court had come to conclusion that plaintiff had no locus to file the suit, then it could not have adjudicated upon merits of case in appeal...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - On basis of different cause of action - Suit for specific performance - Defendant can make counter-claim in respect of any claim that would be subject matter of an independent civil suit - Counter claim made by defendant need not relate to or be connected with original cause of..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 2(2), 96, 115, Order 7, Rule 11-- Rejection of plaint - Order amounts to a decree - It is appeal and not revision which lies thereagainst...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Counter claim - Exclusion after settlement of issues - Merely because application is filed reiterating the request after settlement of issues, it cannot be said that plaintiff loses the right to prove the request...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Counter claim - Request of plaintiff to exclude counter claim has to be given due weightage - Plaintiff is dominus litis and it is his right to proceed with the civil suit in the manner he feels proper and best suited for proving his case - Though discretion is given to Court to pass appropriate..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134-- Execution - Auction sale - Delivery of possession - Limitation - One year period starts to run from the date on which sale becomes absolute, notwithstanding the non issuance of sale certificate or pendency of a claim petition U.O.21.R.58 CPC - Grant or production of sale certificate is not a..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 80, Limitation Act, 1963, Section 15(2), Article 55, 113-- Suit against government - Exclusion of notice period - Notice given within the period of limitation to file the suit - Suit instituted immediately after expiry of statutory notice period - Suit is filed within period of limitation...........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1, Civil Procedure Code, 1908, Section 151-- Production of documents - Delay - Sufficient reasons indicated as to why such documents were not filed earlier - Trial has not yet begun and issues have not yet been settled - Documents sought to be produced are relevant for proper adjudication - Additional papers sought to be filed by petitioners..........
TRIPURA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 29, Rule 2-- Suit against Corporation - Suit is not maintainable without arraying Corporation as party to suit - Decree passed in the suit set aside - Suit remanded with liberty to plaintiff to arraign `Corporation' as party to the suit - Suit shall be dismissed in case of non impleadment of Corporation, as..........