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KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 115, Order 21, Rule 97 -- Order rejecting application U.O.21.R.97 CPC - Revision - Maintainability - Order passed without considering specific contention urged by petitioner - Said order is tainted by jurisdictional error etc., therefore, it is revisable u/s 115 CPC...........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - On basis of `oral' and not `written' contract - Suit not maintainable in summary form...........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - In order to consider the question whether leave to defend should be granted or not, the suit should be based on "written" contract...........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in appeal - Suit for realization of money instituted by a member against society - Society is a party to appeal and represents all its members in appeal/suit - Petitioner being members of society are not necessary parties to proceedings - Their presence is not required for effectually and completely..........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 23, Rule 3B(2) -- Representative suit - Notice to members of society - Suit instituted by a member of society for realization of money allegedly due from society - Cannot be considered as a representative action for purposes of O.23.R.3-B(2) Explanation (d) CPC, as decree that may be passed in suit/appeal binds members of society not in..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within stipulated time - Reason assigned for not filing written statement within stipulated time `mistake on his part' - Held, this is not a compelling circumstance beyond the control of defendant, as to condone delay in filing the written statement...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex pare decree - Setting aside - Defendant against whom ex parte decree is passed has two options: (i) to file appeal; (ii) to file an application U.O.9.R.13 CPC - Defendant can take recourse to both proceedings simultaneously - Right of appeal is not taken away by filing an application U.O.9.R.13 CPC - But if appeal is..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - O.5.R.20 CPC requires Court to be satisfied either that there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service or that for any other reason, summons cannot be served in the ordinary way - Substituted service is an exception to the normal mode of service -..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Substituted service - Breach of provision of O.5.R.17 CPC as report of bailiff not indicating that summons were affixed on a conspicuous part of the house, at the address mentioned in the summons - Besides that, order of Court does not..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex pare decree - Setting aside - Defendant against whom ex parte decree is passed has two options: (i) to file appeal; (ii) to file an application U.O.9.R.13 CPC - Defendant can take recourse to both proceedings simultaneously - Right of appeal is not taken away by filing an application U.O.9.R.13 CPC - But if appeal is..........

Showing : 1781-1790 of 22595 Results