Showing : 1261-1270 of 4725 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Sought at appellate stage - Suit for specific performance dismissed due to lack of pleading of readiness and willingness - Amendment of plaint sought at appellate stage to insert readiness and willingness - Said lacuna cannot be filled by plaintiff by making application..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Suit for declaration that decree passed in earlier suit being without jurisdiction is liable be set aside - Rejection of plaint sought on the ground that suit is barred by principle of res judicata - Issue of jurisdiction has to be raised at the earliest point of time -..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement at appellate stage - Defendant well aware of the facts sought to be introduced by way of amendment from the beginning of suit - Suit remained pending for almost five years but said plea was not taken by defendant - It cannot be said that defendant in spite of due..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Hindu Adoptions and Maintenance Act, 1956, Section 22, 21-- Suit for recovery of arrears of maintenance and fixation of future maintenance - Trial Court created charge upon property of defendant with further direction that defendant will seek permission of Court in case he wants to sell the property - Prima facie case is in favour of plaintiffs as they..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed for default - Suit for compensation for death of son due to collapse of building - No fault found in dismissal of application from legal perspective - However, due to non restoration of suit unfortunate mother of ill-fated son is forever denied opportunity of claiming..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 15A-- Suit for declaration - Application by defendant for direction to plaintiff to deposit rent - It is landlord of a building, in a suit filed by him for recovery of possession, can file an application for deposit of rents by defendant/tenant, pending suit - There is no provision in CPC which enables..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Plaintiff was present in the morning session and requested to post case after lunch as his counsel was busy in some other Court - Case when called after lunch, non appeared on behalf of plaintiff - Application for restoration of suit filed within two days..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28-- Extension of time - Suit for specific performance - Failure to deposit decretal amount within stipulated time - There is no condition attached with decree that in case amount is not deposited within stipulated time, decree passed would become inoperative and suit shall be deemed to be dismissed -..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Pleadings - Valuation of suit - Suit for mandatory injunction - There are specific assertions in plaint that even on date of filing of suit it was plaintiffs who were in possession - It cannot be said that plaintiffs were seeking possession of suit property by virtue of making prayer for mandatory..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 7, Rule 6-- Application U.O.7.R.6 read with S.151 CPC that suit is not filed within limitation - Application kept pending for decision after both parties conclude their evidence as controversy regarding limitation cannot be decided without evidence as questions of facts are also involved to decide the..........

Showing : 1261-1270 of 4725 Results