Showing : 61-70 of 98 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Suit dismissed as withdrawn and defendant permitted to pursue his counter claim - Plaintiff had filed reply to the counter claim - Plaintiff proceeded exparte in counter claim - Party proceeded exparte can join the proceedings at the stage at which he appears without getting the exparte order set..........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2008
Details
Consumer Protection Act, 1986, Section 13(4)(5)-- Civil Procedure Code, 1908, Order 2 Rule 2, Order 22 - Res judicata - Civil suit pending before the Civil Court withdrawn by the complainant in view of the objection in the written statement filed in complaint case - Matter not decided by the Commission on merits as it was observed that in case..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1-- Simpliciter suit for injunction - Suit withdrawn - Subsequent suit for declaration of title, injunction and recovery of part of extent over which structures exists - Cause of action for subsequent suit arose as defendant attempted to trespass and put up some constructions subsequent to withdrawal..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Former suit withdrawn - There was no decision in the former suit - Held, there is no question of any decision in the former suit operating as res judicata in the second suit...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1, 3-- Suit against a dead person - Must be treated to be a formal defect - Suit allowed to be withdrawn with permission to file a fresh suit on the same cause of action...........
KERALA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1-A-- Transposition of defendant as plaintiff - Permissible only if suit is withdrawn or abandoned - Defendant cannot be transposed as plaintiff on the ground that plaintiff had gone abroad...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1-- Suit withdrawn without leave to file fresh suit - Restoration of - Suit for specific performance of agreement to sell - Withdrawn - No leave prayed to file fresh suit on same cause of action - Application for recalling order of withdrawal of suit on ground of misrepresentation by defendant - High..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 2, Rule 2-- Suit barred by O.2.R.2 CPC - Temporary injunction cannot be granted - Suit for specific performance - Suit property sold to third party during pendency of suit for injunction - Restraining third party from changing nature of suit property and from raising any construction - Suit for injunction..........
MADRAS HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit at appellate stage with liberty to file fresh suit on the same cause of action - To avoid multiplicity of proceedings, suit can be permitted to be withdrawn with liberty to file a fresh suit on the same cause of action...........
BOMBAY HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Withdrawal of earlier suit - Principle of res judicata does not apply when earlier suit was withdrawn as withdrawal is not a decision, wherein the matter can be said to have been heard and finally decided by Court...........

Showing : 61-70 of 98 Results