Showing : 3601-3610 of 20115 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution - Mere filing of an appeal does not operate as stay of execution - It is only the appellate Court which can stay the execution - However, Executing Court may stay the execution of the decree if J.D. has filed any suit against the decree holder...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - There is no hard and fast rule that subsequent purchaser during pendency of suit can never be impleaded as a party - Court has discretion to add any person as party to suit, who is found to be a necessary or proper property...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Subsequent purchaser - Defendants already proceeded ex parte and there is no one to contest the suit except the subsequent purchasers to protect their rights as decision of suit has direct effect on their rights - Order allowing impleadment as a party, upheld...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Necessary and proper party - A necessary party is the person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the Court - If a necessary party is not impleaded, the suit itself is liable to be dismissed - A `proper..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2, General Clauses Act, 1897, Section 3(57)-- Proof and pleading - Plea in plaint that plaintiff is son of deceased - Proof that he is adopted son of deceased - Law recognizes adopted son to be known as son - Once plaintiff has mentioned in the plaint that he is the son of deceased it was not necessary for him to specifically plead that he..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of additional issue - Even if a party could not press for an issue at the initial stage that party is not debarred to claim framing an additional issue at a later stage, as it is duty of Court to frame proper/specific issues on all points raised in pleadings...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of additional issue - Mere for the fact that application for additional issue has been moved at belated stage is no ground to decline the request when this fact is not disputed that issue arises from pleadings of parties...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Farming of additional issue - As to valid execution of Will - Plaintiffs have challenged the Will and defendants are pleading that said Will was validly executed by deceased - There is a specific plea regarding valid execution of Will raised by defendant - When there were specific pleadings with..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 9(2), Civil Procedure Code, 1908, Order 43, Rule 1, , Section 100-- Death of respondent during pendency of appeal - Application to bring on record legal representatives dismissed by holding that simplicitor application without any prayer for condoning delay is not maintainable - Dismissal of appeal consequent thereto - Second appeal - Held, order refusing to set..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4, Civil Procedure Code, 1908, Order 18, Rule 4-- De-exhibiting of documents tendered alongwith affidavit of examination-in-chief - A party can raise objection qua admissibility and mode of proof of documents tendered along with affidavit of examination-in-chief at the time of cross examination of the witness introducing those documents - In case..........

Showing : 3601-3610 of 20115 Results