Showing : 3671-3680 of 19375 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Pleading - Plea beyond pleadings cannot be taken into consideration...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 35-- Costs - Should be assessed according to rule in force - Cost in regard to a litigation includes: (i) Court fee: (ii) process fee; (ii) advocate fee; (iii) expenses of witnesses; and (v) other expenses allowable under the Rules...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41-- Appeal - Jurisdiction of appellate Court cannot be made dependent on fluctuating valuation of claim in appeal - Valuation of claim in appeal has relevance only for the purposes of Court fee - Valuation for the purposes of determining jurisdiction and for the purposes of Court fee are two distinct..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Mere fact that certain evidence is important is not in itself a sufficient ground for admitting that evidence in appeal - A party who had ample opportunity to produce certain evidence in Lower Court but failed to do so, cannot have it admitted in appeal...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 35, Order 23, Rule 1-- Withdrawal of eviction suit - Litigation costs - Respondent was a tenant and in arrears of rent - It therefore, cannot be said that tenant was sued without a cause - Since arrears of rent, interest and expenses to avoid eviction deposited by tenant as such no cause of action against tenant..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - There was no explanation that documents sought to be produced by way of additional evidence were necessary and relevant for disposal of suit - No sufficient cause shown for no, production of documents in trial Court - Application rightly rejected...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Amendment sought to incorporate relief of declaration to challenge sale deeds executed by defendants - Plaintiff came to know about said sale deeds from the written statement of defendants - Amendment sought by plaintiff not barred by..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Framing of issues - Material proposition of fact asserted by one party and denied by the other party in objection petition - Held, that framing of issues and giving opportunity to objector to lead evidence and also giving opportunity to no, objector to adduce rebuttal..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for declaration of title - Petitioner is neither a necessary party nor proper party to suit - He cannot be impleaded - Application rightly rejected...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21-- Eviction order - Execution - Civil Procedure Code applies for execution of order passed under Rent Act...........

Showing : 3671-3680 of 19375 Results