Showing : 81-90 of 650 Results

JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 20(2), Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Appeal - Impleadment of a party - Petitioners as pro forma defendants failed to file written statement and proceeded ex parte in title suit - They never tried to recall ex parte order passed against them - Rather, application U.O.1.R.10(2) CPC was filed by petitioners twice but dismissed, as not..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for possession - Courts below concurrently decreed the plaintiff's suit by recording all the findings of fact against defendant - Said findings were neither against the pleadings nor evidence and nor against any provisions of law - Question which was formulated by High Court..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Second appeal decided on the assumption that suit is for grant of permanent injunction simpliciter - However, reading of the plaint as a whole shows that issue of title is not wholly foreign to the controversy and is relevant while considering the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1A(3)-- Late production of documents - Documents not filed alongwith written statement - Allowed to be filed after closure of evidence by defendant - Documents were certified copies of judgment and decree passed by Civil Court in previously instituted suit between the same parties which are per se..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating third party..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Electricity Act, 2003, Section 154-- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Special Court not having power to adjudicate dispute raised in suit filed by petitioner - Trial Court committed jurisdictional error and no purpose will be served to relegate parties in..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration and injunction - Plaint clearly disclosed various facts and reliefs - Whether plaintiff succeeds or not can be ascertained only after full fledged trial - At this stage, trial Court cannot conclude that suit is not..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Suit for permanent injunction and declaration - Questions raised in second appeal did constitute substantial questions of law within the meaning of S.100 CPC - High Court unfortunately did not examine any of issues much less in its..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Remand of case - Suit for permanent injunction - Both the parties claiming right over suit property by virtue of sale deeds in their favour - High Court committed error in dismissing appeal against ex parte decree passed by trial Court and relegating defendants to file a fresh suit - Since both..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand of case - Suit for declaration - High Court while dismissing the appeal and suit as partly decreed by Trial Court held that plaintiff was not able to prove his title to land in suit due to no, examination of his vendor - All that High Court in such circumstances should have done was to..........

Showing : 81-90 of 650 Results