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Results of civil procedure court

Showing : 281-290 of 9730 Results

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by Mutual consent - Waiver of 6 months statutory period - Personal inconvenience of parties - Not a ground for Court to waive period of 6 months as provided u/s 13-B(2) of the Act - Application rightly rejected...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 152, 151, 153 -- Correction of typographical mistake in plaint, judgment and decree - Error crept in plaint regarding wrong khasra numbers and resultantly suit of plaintiffs decreed - Court has power to correct arithmetic and clerical mistake in judgment and decree u/ss 151, 152, 153 CPC - Trial Court directed to carry out necessary..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as his own witness at later stage - Permissibility - Court in exercise of its discretion can regulate the manner in which as well as extent to which such party can be permitted to appear as his own witness at a later stage - It cannot be said that if no application is made U.O.18.R.3-A CPC, seeking permission by party..........

TELANGANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Earlier adjournments granted in appeal, ought not to be taken into account by Court while considering whether or not to set aside order dismissing default passed by it, because only cause for absence on that day is required to be gone into...........

TELANGANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - There is no requirement of law that appellants in appeal should be present when appeal is taken up for hearing because having engaged a counsel who has to argue the appeal, appellants need not be physically present in Court - View of Court below that appellants should have..........

TELANGANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Appeal dismissed in default because counsel engaged by appellants could not be present, as he has to admit his son in Engineering course - Application for restoration of appeal filed within 30 days from dismissal of appeal - Court below ought to have taken into account the..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Delivery of possession - Suit for declaration and recovery of possession and permanent injunction - Executing Court issuing delivery of possession as sought by DH in the proceeding, when Appellate Court held that plaintiff is in possession of suit land - Said order of Executing Court attained finality - Thereafter,..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - When two Courts below have recorded concurrent findings of fact against plaintiffs, which are based on appreciation of facts and evidence, such findings being concurrent in nature are binding on High Court - It is only when such findings are found to be against any provision of law or..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - When two Courts below have recorded concurrent findings of fact against plaintiffs, which are based on appreciation of facts and evidence, such findings being concurrent in nature are binding on High Court - It is only when such findings are found to be against any provision of law or..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 35B, Order 17, Rule 3 -- Dismissal of suit U.O.17.R.3 CPC - Non-payment of costs by plaintiff - Impugned order though makes reference of no, payment of Costs but trial Court not dismissed the suit on account of failure of plaintiff to pay costs by invoking S.35-B CPC - Court has not taken a serious view of failure of plaintiff to pay..........

Showing : 281-290 of 9730 Results