Showing : 31-40 of 692 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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4-- Abatement of suit/appeal - As and when question of abatement of suit or appeal arises, same can only be gone into and decided by Court where suit or appeal was pending at the time of death of a party...........
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, 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..........
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...........
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..........

Showing : 31-40 of 692 Results