Showing : 91-100 of 650 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - Suit for specific performance - Plea regarding maintainability of suit - Plea is required to be raised in first instance in the pleading (written statement) then only such plea can be adjudicated by trial Court on its merits as a preliminary issue U.O.14.R.2 CPC - Having not..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for permanent injunction - Restraining defendant from interfering in his sehan (appurtenant of land) land - Plaintiff failed to establish that suit property is his sehan land - Both the Courts below disbelieve the testimony of PW2 and statement regarding suit property and..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for cancellation of sale deed - Sale deed in question was registered document - Plaintiff filed the suit on the basis that her mother was not well and sale deed was got executed by playing fraud by defendant - Defendant was none other than real sister of mother of plaintiff -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Partition suit - Held, having regard to nature of controversy and issues involved regarding ownership based on interpretation of documents, questions did constitute substantial questions of law - High Court unfortunately did not examine..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for declaration of title and injunction - Obstruction caused by defendant - Courts below after examining the evidence on record concurrently found that defendants have created the obstruction as alleged by plaintiff - Findings so recorded are pure findings of fact and does not..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for permanent injunction - Defendant taking plea first time in second appeal that erstwhile owner has executed unregistered sale deed of suit property in his favour at the time of filing of suit - No such plea taken before First Appellate Court - Said plea cannot be considered..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58-- Appeal against decree by a person, who is not party to the suit, but his property is ordered to be attached by order U.O.38.R.5 CPC - Appeal at his instance is not maintainable as he is not an aggrieved person - Appropriate remedy lies U.O.21.R.58 CPC by filing a claim petition...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Eviction suit - Specific averments on record that tenants were evicted from premises but were re-inducted and permitted to stay for a short while in suit premises for marriage of their daughter - However, tenants refused to vacate premises thereafter and no rent has been paid -..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Ex parte decree - Validity of ex parte decree cannot be challenged before executing Court - Executing Court cannot go behind the decree - If defendant is aggrieved by ex parte decree passed by Civil Court, it is open for him either to file an application before trial Court for setting..........
TRIPURA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 97-- Appeal - Partition suit - No appeal filed challenging preliminary decree, it becomes final - Aggrieved party therefore, cannot be permitted to challenge its correctness in an appeal against final decree...........

Showing : 91-100 of 650 Results