Showing : 21-30 of 654 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115-- Revision - Maintainability - Recovery suit of Rs.25000 - Plaintiff invoking revision u/s 115 CPC in view of bar u/s 102 CPC to filing of second appeal against any decree, when subject matter of Original suit is for recovery of money not exceeding Rs.25,000 - However, remedy for aggrieved person in..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100, Order 20, Rule 18-- Partition - Ancestral property - Plaintiff, brother claiming share over ancestral residential house standing on portion of suit land allotted in favour of defendant, brother - As per preliminary decree plaintiff and defendant allotted two equal shares without partition of house - More so, report..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100, 35B, 2(2)-- Second appeal - Default in payment of costs - Dismissal of suit - Dismissal of suit for default on ground of no, payment of costs, cannot be termed as adjudication of suit on merits - Such order does not amount to decree - Second appeal, not maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 97, Order 7, Rule 7-- Preliminary decree of partition - Correctness of preliminary decree cannot be challenged in final decree proceeding when no appeal was preferred by defendant against preliminary decree - However, issue as to boundaries and description of suit properties consistently and sufficiently averred by..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for possession - Defendant is in possession of suit property since the time of his forefathers - Finding recorded by learned Courts below being finding of facts require no interference - No substantial question of law involved - Second appeal dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Temporary injunction - Granted against defendant trust not to interfere with plaintiff's right of seva puja of deities - Order set aside in appeal - Admittedly, plaintiff trust was registered with due process - Right of seva puja was conferred on trust - Possession of trust established on record..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 20-- Temporary injunction - Declined - Appeal against - Appeal filed against some of the defendants - Allegations against all the defendants in order to justify grant of temporary injunction - Grounds of appeal directly concern defendants in the pending suit who have not been made parties to the appeal..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- Appeal - Final decree - Partition suit - Where appeal against preliminary decree rejected even on the ground of limitation, it shall operate as a fetter to appellant's right to lay challenge to final decree on ground already raised and rejected during dismissal of appeal against preliminary decree..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Recovery suit - Petitioner cannot be permitted to re-argue same points which are already dealt, answered and rejected by detailed judgment - All pleas were raised before High Court and after considering those pleas, judgment in appeal was rendered by High Court - Petitioner not entitled..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 3, Rule 1, 2-- Suit for declaration - General Power of Attorney Holder (GPA Holder) - Defendant contended that GPA Holder of plaintiff had no personal knowledge of material facts - However, GPA Holder who deposed as PW1 has personal knowledge of material facts of the case - Moreover, this contention is loosely..........

Showing : 21-30 of 654 Results