Showing : 31-40 of 654 Results

ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Suit for declaration of title and recovery of possession - Certified copy of gift deed sought to be produced by way of additional evidence by defendants - No material on record that gift deed was handed over to counsel for defendants - Attributing..........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 21-- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Once the applicants were aware of pendency of matter and were represented by a counsel, applicants cannot be held did not have notice or they were prevented by sufficient cause from appearing - Application..........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 21-- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Plea as to applicants were not sent notice regarding pendency of first appeal - Vakalatnama found to have been filed by applicants in first appeal - Advocate categorically stated that applicant met him and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Res judicata - Previous suit for specific performance and permanent injunction - Suit dismissed and appeal thereagainst pending - Subsequent suit for injunction on basis of same agreement to sell is barred by res judicata - Plaint rejected being barred by res judicata...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Suit for partition - Preliminary decree affirmed by Apex Court - Plea of minority - Appellant was already on record as legal heir of M and was represented by a counsel - Claim of appellant, who admittedly turned major at the time of passing of decree, was considered by Apex Court on merits also..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Suit decreed and counter claim dismissed - Two appeal filed thereagainst - Appellate Court consolidated the appeals and disposed them of by a common judgment - Single second appeal by paying separate Court fee filed - Held, appeal is maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for declaration - High Court allowed second appeal without hearing subsequent purchaser who allowed to become a party respondent along with plaintiff - Application of subsequent purchaser u/s 151 r/w O.41.R.21 CPC praying for an opportunity of hearing also dismissed by High..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal by transferee pendente lite - Maintainability - Suit for specific performance - Purchasers pendente lite, who have not come on record either in suit or during first appeal, have no right to file second appeal independently, in spite of Second appeal filed by their vendor is pending -..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 33-- Appeal - Decree for eviction - Three plaintiffs applied jointly for decree - Trial Court ought to have passed decree in favour of plaintiffs jointly - However, trial Court passed a decree specifically in favour of second plaintiff - First plaintiff had no requirement of suit premises - Reasonable..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - At the instance of subsequent purchaser - Maintainability - Suit for specific performance - All grounds in defence to suit for specific performance are open to a subsequent purchaser impleaded as defendant - Second appeal at the instance of subsequent purchaser is maintainable...........

Showing : 31-40 of 654 Results