Showing : 1251-1260 of 4725 Results

RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 32, Rule 4-- Suit by minor - Maintainability - Where suit is filed by natural mother of minor as next friend for enforcement of right of minor in ancestral property of adoptive family, suit cannot be held to be not maintainable...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for permanent injunction - Relief of specific performance sought by way of amendment of plaint - Principles governing applicability of S.17 of Specific Relief Act and Art.54 of Limitation Act not considered by Court - Moreover, respondents failed to demonstrate the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Defendant alleges that he was never served in suit and he never refused to receive summons - However, process server has recorded in his report that he had seen defendant concealing himself in his house and he refused to take summons or evaded service - Said..........
GAUHATI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for declaration of right, title and interest of plaintiff over suit property along with decree of injunction restraining defendant from dispossessing from suit land - Suit partly decreed declaring title of property as plaintiff failed to make prayer for..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10-- Application for transposition at appellate stage - Respondent No.3 filed an application for transposition as appellant in appeal filed by legal heirs of plaintiff - He was already arrayed as defendant in suit and also as a respondent in said appeal and was also examined in the proceedings as..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d)-- Rejection of plaint - Suit for partition, possession and injunction - Predecessor-i, interest of plaintiffs had already received benefits under the Will of father of defendants therefore the claim of plaintiffs for partition of suit property is barred by principles of estoppel - Plaintiffs failed..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for specific performance - Subsequent purchaser - At the stage of seeking leave to implead/carry out consequential amendment, it is not necessary to advert to any evidence in determining whether subsequent purchaser was indeed a bona fide purchaser...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for specific performance - Subsequent purchaser - Impleadment is permissible where proposed party claims through vendor and under a subsequent agreement - It is necessary to join subsequent purchaser in order to ensure that when decree is passed, subsequent purchaser can..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Prior agreement to sell - Mere agreement to sell does not create any interest in the petitioner enabling him to intrude in a suit filed by plaintiff - Moreover, in a suit for specific performance, a stranger or third party to contract cannot..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit - Several opportunities granted to plaintiff to lead his evidence but none of witnesses were present on his behalf - Trial Court after hearing arguments of defendants counsel, dismissed suit - As plaintiff is aged and illiterate laborer who was working far off and had no..........

Showing : 1251-1260 of 4725 Results