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Results of code of civil procedure

Showing : 2841-2850 of 22422 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 21, Rule 34, Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908 -- Execution - Decree for specific performance - Property not identified definitely - Successful plaintiff cannot be deprived of fruits of decree - Executing Court to take such steps as may be necessary for fixing identity of property - Executing Court may..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Partition suit - Positive statement required by law to be pleaded in the plaint regarding constitution of HUF missing - Plaint does not disclose actionable cause of action - Proposed amendment of plaint does not improve this lack of actionable pleading - Plaint rightly rejected...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Both plaintiff and defendant are in equal shares of property - Defendant is wife of plaintiff and plaintiff already directed to provide residence in shared household to his wife/defendant in petition u/s 23 of PWDV Act filed by her - In such situation granting of injunction in favour of..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error has to be self evident and is not to be found out by a process of reasoning...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Application be disposed of as expeditiously as possible...........

ORISSA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of Managing partner during pendency of suit - Suit does not abate on death of one of the partners during pendency of suit - Question substituting heir and legal representative of the partners does not arise - Death has no impact on suit...........

ORISSA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 11 -- Explanation IV - Constructive res judicata - Execution proceedings - No objection filed as to executability of decree before passing of order U.O.21.R.23 CPC - Objection filed subsequently deemed to be barred by principle of constructive res judicata...........

ORISSA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Amin (Court) Commissioner - Suit for declaration of right, title and interest and correction of settlement map - Dispute as to measurement of land - There is no impediment to appoint Amin Commissioner to ascertain measurement of land - Application allowed...........

MADRAS HIGH COURT

Year of decision: 2017
Details

Suits Valuation Act, 1887 -- Auction sale - Execution for delivery of possession dismissed in default - Thereafter suit for declaration of title and possession filed - Held, suit is not barred u/s 47 CPC even after dismissal of application for possession in default or on ground of limitation - Auction purchaser can filed suit for declaration and possession within twelve..........

CALCUTTA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 17, Rule 2 -- Part cross examination done - Non appearance of defendant for his further cross examination - Trial Court cannot dispose of suit by taking into consideration evidence of plaintiff alone without considering evidence of DW1 which is on record - It is contrary to provision of O.17.R.2 CPC - Thus, impugned judgment and decree is..........

Showing : 2841-2850 of 22422 Results