Showing : 5221-5230 of 15024 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - If there is failure of process of service in the manner that the law mandated, and when a petition is filed for an adjudication on merit, Court is bound to give an opportunity to the parties...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Ex parte decree - Setting aside - Defendant not served and substituted service ordered - Held, there is no presumption that a person has knowledge of such a publication...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17-- Ex parte decree - Setting aside - Refusal to receive summons - If there is Court endorsement that a party had refused to receive the summon even then, there is no presumption of the correctness of the refusal unless bailiff himself had been examined in Court to speak about the fact of refusal by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application initiated at the instance of one defendant - Ex parte decree set aside against all the defendants - Court is not required to serve notice to unserved defendants or defendants who had not approached for notice again...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 153A, Order 41, Rule 11-- Correction of decree or order - Power of High Court - Clerical mistake - Held, S.153-A comes into play when the judgment passed by trial Court becomes a subject matter of an appeal and is decided in terms of O.41.R.11 of CPC - It was an enabling section and does not bar superior Court to exercise..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Ingredients for grant of ad interim injunction are : (i) prima facie case, (ii) irreparable loss, if injunction is not granted and (iii) balance of convenience - In order to determine the other grounds for grant of injunction, the Court has to examine that there is no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Evidence discussed in detail - It also appears that suit is finally decided - Such is not the intent of the cannon of law to be used at the time of decision of application U.O.39.Rr.1,2 - Impugned order set aside...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 8-- Suit in a representative capacity - Objection regarding non compliance of the mandatory provision - Available only to a party who was not arrayed in the list attached with the application and had been adversely affected by the decision of the suit - Objection raised at the behest of those..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Period of limitation - Extension of - Held, provision of O.8.R.1 CPC is directory and not mandatory and that for good and sufficient reasons, the statutory period as mentioned in O.8.R.1 can be extended...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Extension of time - No conclusive material on record to indicate that plaint and other documents were served upon plaintiff - Trial Court refused to extend time for filing written statement - Challenge thereto - Held, impugned order quashed and set aside - Written statement..........

Showing : 5221-5230 of 15024 Results