Showing : 3641-3650 of 18189 Results

CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Amendment sought on the basis of subsequent event i.e. subsequent transfer by gift during pendency of suit - Subsequent transferees prayed for adding them as parties to the proceeding in terms of O.1.R.10 CPC, does not debar the defendants, who are the transferees..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 3A-- Compromise decree - Setting aside - Fraud - A compromise forming the basis of a decree can only be questioned before the same Court that recorded compromise and a fresh suit for setting aside compromise decree is expressly barred by O.23.R.3A CPC - Expression `not lawful' used in O.23.R.3A CPC..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 3A-- Compromise decree - Setting aside - Fraud - Neither there is any concealment nor misrepresentation by defendant No.1 - If plaintiff forms a belief without clarifying the same with defendants, defendants cannot be faulted for the same - To declare a contract null and void due to fraud plaintiff..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Withdrawal of suit simplicitor without liberty to file a fresh suit - Subsequent suit filed after 20 years - Held, suit is not maintainable and is liable to be rejected U.O.7.R.11 CPC...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Passing of a decree on the basis of admission is not a matter of right - It is a matter of discretion and discretion is to be exercised judiciously by Court only in cases where there is unequivocal, unambiguous and clear admission...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 11, Rule 14-- Production of documents - Such documents do not relate to any matter in question in the suit - Respondent cannot be directed to produce the same U.O.11.R.14 CPC...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Petitioner seeking succession certificate from Court being only legal heirs of deceased - No unequivocal, unambiguous admission on the part of respondent to that effect - Though respondent admitting his status to be that of a nominee and therefore cannot be better than a..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party - Suit for specific performance - Plaintiff is the dominus litis - It is for the plaintiff to choose against whom he wishes to litigate - Plaintiff cannot be forced to litigate against a party against whom he seeks no relief - If plaintiff omits to sue or litigate against..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Not positively and immediately clear that defendant has a defence - However, facts leading to inference that defendant may be able to establish a defence to the plaintiff's claim - Held, plaintiff is not entitled to judgment and defendant is entitled to leave to..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend is granted even in cases where defendant upon disclosing a fact, though lacks the defence but makes a positive impression that at the trial the defence would be established to plaintiff's claim - Only in cases where defence set up is illusory or sham or practically..........

Showing : 3641-3650 of 18189 Results