Showing : 3671-3680 of 18189 Results

HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Suit reserved for judgment - Affidavit filed in support of application does not disclose reasons much less valid reasons - Court has to take into consideration the prejudice likely to be caused to the parties to the proceedings while disposing of application of this nature -..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint cannot be rejected on the basis of materials relied upon by defendant which was brought on record along with an affidavit, in support of application along with written statement...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9.O-- Restoration of suit dismissed in default - Sufficient cause for no, appearance refers only to date on which absence was made as a ground for dismissal of suit - It cannot stretch to circumstances anterior in time - Since restoration application was filed without any delay, absence of plaintiff on..........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff filed application to adduce rebuttal evidence before defendants began their evidence - There are several issues in the suit and burden lies on defendants to prove some of the issues - Moreover, plaintiff already granted time to adduce further evidence - Rejection of..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Only plaint averments are to be looked into and if without any doubt or dispute, the suit is barred by any law in force, then alone such an application can succeed - Disputed questions cannot be adjudicated at the time of consideration of application U.O.7.R.11 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of jurisdiction of civil court - In the peculiar facts and circumstances of the case, Court was required to have at least framed a preliminary issue relating to maintainability of suit and after allowing the parties to lead evidence on the issue of jurisdiction, proceed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 28, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree passed under Hindu Marriage Act - Application U.O.9.R.13 CPC to set aside ex parte decree is maintainable - A party aggrieved by an ex parte judgment and decree may either file an application U.O.9.R.13 CPC or an appeal...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Delay in itself may not be crucial on an application for amendment in a written statement, be it for introduction of a new fact or for explanation or clarification of an admission or for taking an alternate position...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Admission - A party cannot be permitted to wholly withdraw the admission in pleadings - However, admission can be clarified or explained by way of amendment and basis of admission can be attacked in a substantive proceedings...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Admission - Withdrawal of admission not permissible - Admission can be clarified or explained by way of amendment - Amendment sought to withdraw admission rejected - However, opportunity given to explain/clarify admission in the written statement which will be..........

Showing : 3671-3680 of 18189 Results