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Results of code of civil procedure

Showing : 5001-5010 of 22422 Results

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 3 -- Identification of property - Suit property described in plaint not only by boundaries but also by municipal number and by giving its description in the plaint map - From no stretch of imagination it can be said that suit property was not identifiable - Moreover, Advocate Commissioner's report proves that plaintiff was in..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 24 -- Remand of case by Appellate Court - No doubt S.107 CPC empowers appellate court to remand a case, but it simultaneously empowers appellate court to take additional evidence or to require such evidence to be taken - O.41.R.24 CPC provides that where evidence on record is sufficient, appellate court may..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Permissibility - In order to succeed in an application filed for withdrawal of suit with liberty to file afresh suit, plaintiff has to satisfy at least one of two requirements mentioned in O.23.R.1(3) CPC...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Permissibility - Plaintiff failed to prove that suit has suffered from any formal defect - Except raising a vague plea that defendants have intended new concepts, plaintiff has not explained as to what those concepts were and whether they constitute sufficient ground to..........

KERALA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed for default - An advocate can file restoration petition though vakalatnama does not expressly authorise him to file an application for restoration, if Court is satisfied that there was no express prohibition in doing so, it has to assume that counsel had implied authority to file such application...........

KERALA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 39, Rule 1, Registration Act, 1908, Section 89(5) -- Interim injunction - Restraining alienation - Court can certainly direct such order to be communicated to Sub Registrar concerned with a direction to enter the particulars of order in Book 1...........

KERALA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 39, Rule 1, Registration Act, 1908, Section 89(5) -- Interim injunction - Restraint order - Court can direct such order to be communicated to Sub Registrar concerned with a direction to enter the particulars of order in Book 1 - However, in such cases, when suit or appeal or proceedings wherein interim order of injunction restraining..........

MADRAS HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by law - Suit for specific performance - Where in the agreement of sale, specific date has been fixed for performance of agreement, then no, compliance of agreement on the said date would give a cause of action to file the suit for specific performance within three years from the date so fixed..........

MADRAS HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by law - Where it is apparently clear from the averments of plaint that suit has been filed beyond the period of limitation, plaint can be rejected even at the threshold stage...........

MADRAS HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff pleaded that only averments made in plaint alone have to be taken into consideration and that documents filed along with plaint cannot be looked into - When the particular document forms the basis of plaint, said document has to be treated as part of plaint as being part of cause of action - In..........

Showing : 5001-5010 of 22422 Results