Showing : 3611-3620 of 20115 Results

HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Transferee pendente lite despite order of injunction - Transfer of suit property pendente lite is not void ab initio and purchaser takes the bargain subject to the rights of plaintiff in the pending suit - Transferee pendente lite can be added as a party to the suit lest..........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Money suit - Claim of share of rent by co-owner - Contention of defendant that Appellate Court cannot have impliedly declared title in money suit, has no basis in the face of admission made by defendant himself as regards entitlement of plaintiff to the extent of 2/3rd..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27-- Additional evidence at appellate stage - Suit for specific performance - No evidence on record as to why plaintiff had not been able to lead evidence in trial Court - No good grounds were made out to allow this application at belated stage - Moreover, suit was filed 25 years ago and defendant has..........
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..........
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 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...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 58, 102-- Execution - Registered sale deed - Specific performance, decreed - Objection to execution raised by purchaser pendente lite - Maintainability - Even though purchaser was not party to suit, but by virtue of provisions of S.52 of TPA, 1882 he is bound by decree passed by trial Court - Thus, a..........

Showing : 3611-3620 of 20115 Results