Showing : 1261-1270 of 5080 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Suit for specific performance - Amendment regarding an earlier agreement in favour of plaintiff's wife - Non-reference to earlier agreement in the name of plaintiff's wife has no material value and would not cause any prejudice to defendant - Amendment rejected...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for specific performance - Amendment sought to correct the date of execution of agreement to sell in question - Proposed amendment an attempt to turn the pleadings in suit on its head and radically change the contours of averments made in original plaint - More so,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit - With liberty to file a fresh suit on same cause of action - Non-compliance of mandatory provision of S.80 CPC by plaintiff - Omission to issue notice u/s 80 CPC is a serious infirmity and not a formal defect as it is pre-requisite for filing suit against Government or a Public..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Mere delay in making application is not a sole ground for refusal of amendment - Court at this stage cannot go into truth and falsity and maintainability of suit - Merits and demerits of case are not to be examined at the stage of deciding amendment application...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Partition suit - Additional prayer for declaration flowing from facts and averments already made in the original plaint and subsequent events happened between parties - Proposed amendment is necessary to determine the real controversy between parties as merits of case is not..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 24-- Transfer of a case - More than one Court having jurisdiction - Plaintiff as `dominus litis' has a right to choose the Court and defendant cannot demand that suit be tried in any particular Court convenient to her/him - Mere convenience of the parties or any one of them may not be enough for the..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 3(6)(b)- - Summary suit - Non filing of written statement - No scope for any further enquiry - Court to proceed further on the basis that claim in the plaint is accepted - Plaintiff is entitled to judgment forthwith...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Breach of injunction - By a person not party to the suit - Normally not to be proceeded against - However, there are exceptions to this general rule - Where such a person is proceeded against then it is essential that he be made a party to the proceeding for violation and it should be brought home..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Breach of injunction - Transferee pendente lite - Sale after passing of order of status quo - Vendee not a party to the suit - An application for impleading vendee as a party to the suit was disallowed - There was no order against vendee - Vendee could not be said to have disobeyed the status quo..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 3A-- Compromise decree - Setting aside - Suit filed by plaintiff for setting aside compromise petition and consequential decree on the ground of fraud and misrepresentation, not maintainable in view of bar provided U.O.23.R.3A CPC - Suit rightly dismissed...........

Showing : 1261-1270 of 5080 Results