Showing : 1251-1260 of 5080 Results

BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Subsequent transferees having express or implied notice and knowledge of suit agreement, can be impleaded as a party though issue for decision in the pending suit need not be enlarged beyond the scope of decision as to enforceability of suit..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 5-- Written statement - Commission of fraud - Mere failure on the part of defendant to contest the suit by entering appearance, cannot be held that he is deemed to have admitted the fact made in plaint - Law requires fraud to be specifically pleaded and proved and it is for plaintiff to establish..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151-- Amendment of decree - Suit for mandatory injunction - No dimensions were given in the plaint nor did the plaint refer to any sketch - Judgment and decree also did not refer to any dimensions of chhajja in question nor did it incorporate or refer to any sketch from which dimensions can be gathered..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59-- Rejection of plaint - Bar of limitation - Suit for cancellation of registered sale deed - Suit filed after prescribed period of limitation of three years - Plaint rejected...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10-- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Impleading subsequent transferee - Subsequent transferee can be impleaded as party in suit - It is wholly unnecessary for plaintiff to challenge conveyance/sale deed executed by defendants during pendency of suit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1-- Bar of subsequent suit - Agreement to sell - Withdrawal of injunction suit and subsequently filing suit for specific performance - Withdrawal of injunction suit by making statement that "I withdraw the present suit. I will file suit for specific performance' - Withdrawal of suit allowed in view of..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal of suit U.O.9.R.3 CPC - Subsequent suit - Where earlier suit was dismissed for no, appearance of both the parties, plaintiff can bring fresh suit as per O.9.R.4 CPC and O.9.R.9 CPC would not act as a bar to subsequent suit...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Earlier suit dismissed for no, appearance of both the parties - Restoration application also dismissed for non payment of costs - When suit is dismissed for non appearance of both the parties, plaintiff can file fresh suit and dismissal of restoration application has no significance in the matter...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Death of sole defendant - LR's of deceased defendant were duly served but they did not enter appearance and were accordingly proceeded against ex-parte - Application for setting aside ex-parte decree moved by LR's within 5 days of suit being decreed ex parte -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Objection as to no, joinder and mis-joinder of parties - Ought to be taken immediately and it cannot be brought at any time, for, suit itself cannot be defeated by reason of such mis-joinder...........

Showing : 1251-1260 of 5080 Results