Showing : 5221-5230 of 15280 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 2A-- Applicability - Failure of LRs of deceased defendant to bring themselves on record - Held, if LRs were to contend before Court that they were not aware of pendency of proceedings and therefore, they could not implead themselves, then provisions contained in O.22.R.2-A cannot apply at all...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Not filed within requisite period - Defence struck off - Case adjourned for summoning of remaining defendants - Petitioners accorded one opportunity to file written statement...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - When ex parte decree is challenged then automatically the order proceeding ex parte would be deemed to have been challenged - There is no specific rule that at the time of challenging the ex parte decree, the order proceedings ex parte has also to be separately..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 5, Order 9, Rule 13(As- - Ex parte decree - Setting aside - Delay - Condonation - Application for setting aside ex parte decree can be filed even after the prescribed period of limitation, if the applicant satisfies the Court that he was prevented by sufficient cause from filing the application within prescribed time...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Delay - Non appearance of Advocate, his failure to communicate that defendant is proceeded against ex parte and defendant's lack of knowledge of ex parte judgment - Can be treated as sufficient cause for condoning the delay and setting aside the ex parte decree...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Partition suit - Irreparable loss - Determination of - Held, a person, who remained in possession of the house in dispute for a period of more than 20 years and the settlement between the parties was reduced into writing and subsequently, after passing of such a long..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Courts must endeavour to find out if interim relief can be granted on consideration of issues other than those involved in the main suit and also whether partial interim relief would satisfy the ends of justice till final disposal of the matter...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151-- Suit not maintainable - Rejection of plaint - Application u/s 151 CPC is not maintainable for rejection of plaint/dismissal of suit on the ground that suit is not maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Grant of mandatory interim relief requires the highest degree of satisfaction of the Court - Much higher than a case involving grant of prohibitory injunction...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint cannot be rejected on the ground that there is defect in the authorization to file the suit on behalf of the company - Plaintiff can be given an opportunity to rectify the defect...........

Showing : 5221-5230 of 15280 Results