Showing : 141-150 of 7176 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - Right of necessary party to contest suit does not depend upon mercy of contention taken by defendant that suit is bad for no, joinder of necessary party - Whether person is necessary party or not is question of fact depending upon relief claimed in suit - Failure of defendant to..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - Suit for declaration of status - Illegitimacy of child sought to be declared - Father filed suit to declare that he is not father of child - Child alone will be person affected by declaration if it is granted - Thus, child is necessary party to suit - Without child on party array..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand for de-novo trial - Suit for declaration regarding illegitimacy of child sought by father decreed without child array as party to suit - Re-trial of case is considered as trial is held and evidence including DNA profile report let without child being array as party - Child should not be..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Suit for cancellation of sale deed and permanent injunction - Amendment sought at the stage of defendant's cross-examination - Suit filed in 2008 - Defendant seeking amendment to incorporate the incident of 2016 in 2017 - He failed to explain inordinate delay of..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 12-- Discovery of document - Maintainability - Suit for partition and separate possession - Plaintiffs filed suit claiming suit property as ancestral - It is their bounden duty to prove the same by adducing oral and documentary evidence - Admittedly, in present case trial has not begun - Therefore, no..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 12-- Discovery of document - Maintainability - Suit for partition and separate possession - Defendants alleged that plaintiffs are in possession of original deeds but failed to file any material to the same - Fact that the suit property is ancestral and plaintiffs clearly stated that they are not in..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and permanent injunction - Amendment sought to seek a decree of declaration of ownership and possession over C schedule property - Though new plea is sought to be raised by plaintiff but it cannot be found that plea sought to be raised is totally..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Restoration of possession - Malice in law - Trial Court passed temporary injunction order restraining State from disturbing peaceful possession of plaintiff over suit property but the same was set aside in appeal - State took undue advantage of Appellate order and barricaded suit property and also..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party as proforma defendant - Recovery suit in terms of agreement - No relief claimed against proposed defendant by plaintiffs - Proposed defendant is also a beneficiary under agreement - As per agreement, plaintiffs have no liability to pay amount to proposed defendant - Rather,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objection - All questions between parties to suit in which decree is passed or their representative shall be decided by executing Court and not by separate suit...........

Showing : 141-150 of 7176 Results