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Results of code of civil procedure

Showing : 5031-5040 of 22422 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 20, Rule 16 -- Suit for rendition of accounts - It does not create or confer any substantive right to seek rendition of accounts in any particular type of cases, nor in all types of cases - It merely refers to a rule of procedure and would apply where there is an existing right to seek rendition of accounts having regard to relationship..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 20, Rule 16 -- Suit for rendition of accounts - Appellant alleged that respondents have been purchasing cloth on credit vide various bills - Appellant failed to prove seller-Purchaser relationship between him and respondents - Appellant also failed to prove that any order was ever placed for purchase of cloth by respondent or any agreement..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside an exparte decree - Petitioner had adequate knowledge about pendency of litigation but failed to appear - Petitioner chose to file setting aside the ex parte proceedings after 8 years when revision was decided against them - Petition dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dispute over connection of electric motor on a land - Prima Facie made out that parties are jointly recorded as owners being co-sharers - Held, Plaintiffs being co-sharers cannot be prevented from using the electric motor connection which is existing in the name of petitioner, as per share...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Re-calling of witness - Photographs produced with report and marked but not exhibited because photographer was require to prove them - Evidence/photographer was allowed to prove said photographs only and no further opportunity is granted - Re-calling of witness, proper...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Bringing on record a judgment of conviction of plaintiff in a case of dishonour of cheque amounting to Rs.4 lacs on the plea that a person convicted for dishonour of cheque amounting to Rs.4 lacs cannot be believed to advance loan of more than Rs.10 lacs - Transactions of the instant..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit instituted before amendment in CPC - No question of any change in nature of suit - Amendment seeks to correct date of agreement as the mistake occurred because of typographical mistake - Case is still at initial stage i.e. evidence of plaintiff - Amendment allowed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 151 -- Quashing of order - Executing Court is only to take decree to its logical end and has no jurisdiction to go into judgment and reasoning - Held, Where issues have been framed and court declined interest, Executing court was precluded from making such i, depth scrutiny regarding the entitlement of plaintiff - Executing court had to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 2(12) -- Mesne Profit - Rental value of small booth cannot be taken as precedent of fixing rental of bigger premises and particularly when ground, first and second floor of building were let out to one tenant - While assessing mesne profits of multi-storey building, it is to be kept in mind that all floors do not carry equal rental value..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 47, Rule 1 -- Impleading as party - Pleas taken by applicants is for purpose of Impleading as party and for purpose of determining relevance of material brought to notice of court - Mere fact that plea is raised by applications and the material produced in support of plea has been considered..........

Showing : 5031-5040 of 22422 Results