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Results of code of civil procedure

Showing : 4841-4850 of 22422 Results

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Objection - Once the compromise decree is clear and unambiguous and the same has attained finality, executing Court cannot traverse beyond the said decree unless the same is a nullity or without jurisdiction - Court below committed error by allowing application u/s 47 CPC, as object of S.47 CPC is to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Eviction petition - Earlier eviction petition filed on the ground that tenant had violated the terms of lease deed and landlord requires the premises for his own use - Subsequent eviction petition sought on the ground of no, payment of rent - Cause of action in both the petitions is..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit in lieu of examination-in-chief - Production of affidavit on record after witness is dropped - Not permissible - Secondly affidavit in absence of any cross examination of said witness is simply a waste paper...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Cannot be appointed to enable a party to create or collect evidence...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Injunction suit - Injunction is claimed by plaintiff being a co-owner in exclusive possession of a co-owned land - Said plea can be substantiated by producing revenue record and other material - Discretionary order passed by Court refusing to appoint Local Commissioner to create evidence, does not warrant..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Impleading subsequent transferee - Subsequent transferee can be impleaded as party in suit - It is wholly unnecessary for plaintiff to challenge conveyance/sale deed executed by defendants during..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 22, Rule 10 -- Word `interest' in O.22.R.10 CPC means interest in property i.e subject matter of suit - `Interest' is not the interest of person who was party to suit...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of subsequent transferee - Proceedings would continue by or against original party although he ceased to have any interest in subject of dispute, despite failure to apply for leave to continue by or against the person upon whom the interest has devolved for bringing him on record...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of subsequent transferee - Person who has acquired an interest by devolution, if obtains leave to carry on suit, suit in his hands is not a new suit - A cause of action is not prolonged by mere transfer of tile - It is old suit that is carried on at his instance and he is bound by all proceedings up to the stage..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Bar of subsequent suit - Agreement to sell - Withdrawal of injunction suit and subsequently filing suit for specific performance - Withdrawal of injunction suit by making statement that "I withdraw the present suit. I will file suit for specific performance' - Withdrawal of suit..........

Showing : 4841-4850 of 22422 Results