Showing : 3131-3140 of 17645 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Amendment sought after filing of replication and before framing of issues - Amendment sought is thus at the initial stage of suit - It cannot be said that amendment sought is delayed - Amendment allowed...........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 34-- Money suit - Interest - There is no agreement between parties - Plaintiff not entitled to interest prior to date of suit - Rate of 18% p.a from the date of petition till its realization is on higher side - Interest reduced to 9% p.a...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Additional agreement executed between parties - Execution of said document denied by respondent - Genuineness or otherwise of said document is a matter of evidence - It cannot be said as to whether said document is a genuine document or a forged one - Amendment..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Transferee pendente lite - Purchasers claim that they have become co-sharer in the suit land - Presence of subsequent purchasers is necessary for complete and effective adjudication of dispute - Application rightly allowed...........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 4(4)-- Abatement - Decree passed in ignorance of death of sole defendant - Defendant died during the pendency of appeal and his LRs were not brought on record - Though Court is empowered to exempt plaintiff from necessity of substituting LRs of defendant but such an exemption can be granted before the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree - Setting aside - Scope of application U.O.9.R.13 CPC - Cannot be extended to decide the factum of marriage...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13-- Ex parte divorce decree - Setting aside - Application filed by wife after 13 years of passing of decree - Wife contended that she never received summons from Court nor she engaged counsel - However, wife never denied her signatures on the power of attorney filed by counsel - It is only when civil..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Hindu Adoptions and Maintenance Act, 1956, Section 19, Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Maintenance - To claim maintenance two aspects have to be specifically pleaded i.e. (i) that she was unable to maintain herself out of her own earnings or other property; (ii) that she was unable to obtain maintenance from her father or mother or from her son or daughter, if any, or his or her..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 4-- Pleadings - Cryptic and bare statement cannot be complete averments of cause of action - Requirement of law is that pleading should be of complete cause of action...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2, 4, Civil Procedure Code, 1908, Order 8, Rule 9-- Mutually destructive case set up in plaint and replication - Destroys the very foundation and basis of cause of action - Suit is liable to be dismissed...........

Showing : 3131-3140 of 17645 Results