Showing : 5961-5970 of 19731 Results

BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - Court has to consider whether the amendment is necessary for the purposes of determining the real questions in controversy - The other important consideration which has to govern the discretion of Court is the potentiality of injustice to the other side - If the..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - Raises a mixed issue of law and fact - Plaint cannot be rejected on the ground of limitation without framing an issue and being tried before the Court...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - Costs - In determining cost Court has to keep in view the amendment which was sought, the financial benefit, if any, derived by one party at the cost of the other, the delay and inconvenience caused by protraction of hearing and in the event of an appeal to the higher..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Court is more liberal in allowing amendment of written statement as the question of prejudice is ordinarily far less - A defendant may be permitted to amend the written statement even to alter the defence or to take an inconsistent plea...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Death of defendant No.1 - Legal representative of deceased defendant already on record as defendant No.2 - Contention that defendant No.2 had been adopted and therefore not legal representative of deceased not proved by evidence - Order that suit did not abate, upheld...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - Application for amendment of pleadings is not subject to any period of limitation - Article 137 of Limitation Act is not applicable...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Simpliciter suit for injunction - Any order passed of injunction would bind only the parties to the suit - Proposed party will not be bound by the order in the suit - Order allowing impleadment set aside...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 17- - Additional written statement - In effect it amounting to amendment of written statement - Held, if it is prohibited by law, if done directly, cannot be permitted to be done indirectly...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Additional written statement - An additional written statement, which answers the description of further pleading can be filed, mostly, to deal with a specific situation that has taken place after the pleadings in a suit are complete - Strong and acceptable reasons are needed to enable a party to..........
PATNA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3-- Partition suit - Compromise decree - Plea of fraud - Limitation - Held, there is no limitation prescribed for maintaining an application u/s.151 CPC for questioning compromise decree on grounds of fraud...........

Showing : 5961-5970 of 19731 Results