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Results of code of civil procedure

Showing : 8071-8080 of 22422 Results

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 151, 87, 5 - - Election petition - Filing of list of witnesses - Condonation of delay - Applicability of S.5 of Limitation Act and S.151 of CPC - Held, S.5 of the Limitation Act would not be applicable to proceedings of an election petition - Prayer of petitioner for condoning the delay in filing the list of witnesses has to be rejected..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 100 -- Second Appeal - High Court framed more issues at the time of hearing without giving any opportunity to parties to lead their respective evidences - Held, Court can exercise jurisdiction only on the basis of substantial question of law framed at the time of admission - Impugned order set aside...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Specific Relief Act, 1963, Section 20, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plaintiffs were always ready to perform their part of contract and entitled for decree for specific performance - Does not raise a question of law - Second appeal not maintainable...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 100 -- Second Appeal - Proceedings was collusive or not, is essentially a question of fact - It cannot be considered in second appeal...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 100 -- Second Appeal - Re-appreciation of evidence and interference with findings of fact ignoring question of law is not permissible...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 9, Rule 8 -- Restoration of suit dismissed in default - In case of dismissal of suit in default, there is no bar in restoring the same - Plaintiff was not to be benefitted by getting the suit intentionally dismissed in default - Defendant in no way to be prejudiced by the restoration of suit - Meritorious claims cannot be thrown away..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2011
Details

Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section , Order 9, Rule 8 -- Delay - Condonation - Delay in preferring appeal against order dismissing application for restoration of suit dismissed in default - Court to adopt summary procedure by directing parties to file affidavits and counter affidavits of the..........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Application filed at appellate stage for collection of evidence with purpose of procrastinating execution of eviction decree - Application rejection - No error...........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Security for protection of property - Application U.O.38.R.5 for security for protection of property - Petitioner again moved an application stating that since no guarantee or security has been paid by respondents, the property of respondents be attached - Prior to the filing of aforesaid application respondents had already..........

ORISSA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of legal heirs - Writ petitions were filed against orders passed in suit rejecting an application for appointment of a Civil Court Commissioner and rejecting an application U.O.6.R.17 CPC as civil revisions against those orders were not maintainable - Legal heirs of sole deceased plaintiff were allowed to be..........

Showing : 8071-8080 of 22422 Results