Showing : 3611-3620 of 18189 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Second Local Commissioner - Can be issued under all or any of the following circumstances : (i) first commissioner report is erroneous on material facts; (ii) some new events have taken place that require further examination and collection of evidence; (iii) Court requires any clarification in the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Not a witness for anyone party - Commissioner is an extended arm of Court and hence an officer of Court...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 10(2)-- Report of local commissioner - Value of report of local commissioner whose mandate is to inspect a site and give a report is equivalent to that of evidence and no more - Report is to narrow down the dispute and not to resolve the dispute itself...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Admission - Law permits a suit to be decreed on an admission - A suit filed as a summary suit, even if not maintainable as a summary suit, is liable to be converted into an ordinary suit which may result in a decree passed, if an admission surfaces...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i)-- Summary suit for recovery - Liquidated demand has to be concerning an amount which can be made certain by mathematical calculations from factors which are or ought to be in possession or knowledge of party to be charged - It must thus exclude demands which need to be quantified after determining..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party - Suit for specific performance - Strangers to the contract who are claiming their rights over the suit property as legal heirs of deceased/original propositus - They are not necessary parties - However, if they have any rights in the suit property, it would open to them to..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Amendment sought in the nature of clarification to pleas already taken in written statement in addition to legal pleas - No case of defendants that in spite of due diligence such pleas could not be taken before commencement of trial - All such facts were not only..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Partition suit - No averments in the plaint to the effect that suit property is a coparcenary property or that their existed a joint HUF - Rather plaintiff described the property as a self acquired property of his grandfather - S.6 of Hindu Succession Act..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3(2), 4(3)-- Death of plaintiff or defendant - Abatement - There is automatic abatement on the death of a party, once the period of 90 days provided for filing a substitution application expires - Abatement comes into effect without intervention of Court - However, after expiry of period of 150 days from the..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
U.P.Land Revenue Act,1901 -- Provisions of O.22 CPC apply to proceedings under U.P. Land Revenue Act, 1901...........

Showing : 3611-3620 of 18189 Results