Showing : 141-150 of 659 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for declaration and permanent injunction - Documentary evidence on record proved that suit land was in exclusive possession of predecessor-i, interest of plaintiffs after partition in 1919 and it was allotted to plaintiff after his death - Plaintiffs are owner in possession of..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Question regarding whether defendant executed the registered deed of contract of sale of his property in favour of plaintiff after receiving advance consideration or not, is not a question of law but a question of fact and that could be decided on..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for cancellation of sale deed - Sale deed executed by defendant No.1 on the basis of power of attorney (GPA) executed by plaintiff in his favour - Questions as to whether plaintiff had cancelled the GPA and as to whether sale deed registered is liable to be cancelled, are not..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for cancellation of sale deed - Only dispute between parties relating to facts as to whether disputed sale deed was executed by original owner or it was executed by any impostor - Said question is not a question of law but is a question of fact, that can be decided on the..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Abatement of suit - Death of plaintiff - Wife and two sons of plaintiff not substituted without any explanation - Plaintiff No.2 not legal heir or representative of deceased plaintiff - Suit abates for non substitution of L.R's - However, suit was decided on merits in presence of plaintiff No.2 -..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10-- Leave to file appeal - Suit for declaration of title - Rejection of application filed by mother of petitioner for impleadment U.O.1.R.10 CPC per se not a ground to reject application for leave to file appeal - As Appellate Court has to see as to whether petitioner is aggrieved by a decree or..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Disobedience of interim injunction order - Where a party is accused of flouting or disobeying interim orders and proceedings have initiated during pendency of suit/appeal, as the case may be, subsequent dismissal of application, suit, appeal or even withdrawal of same would have no consequence in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Proceedings U.O.39.R.2-A CPC are separate and distinct and in case the same have commenced during pendency of suit or appeal, then subsequent dismissal of suit/appeal does not render the interim order passed earlier non est or without jurisdiction...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea of no, identifiability of disputed property - Neither said plea was taken by defendant in his written statement nor before first appellate Court - Such plea cannot be raised by defendants directly in second appeal - As regarding plea of no,..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Courts below concurrently found that plaintiff proved his case but plea of defendant found to be incorrect and unacceptable - Questions regarding whether defendant willingly executed the registered agreement to sell and accepted advance amount and..........

Showing : 141-150 of 659 Results