Showing : 2081-2090 of 19364 Results

PATNA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Remand - Power of remand is not meant to provide a fresh opportunity to a litigant - Merely because of the fact that conclusions by Court below are not legally sustainable or issues have been wrongly decided, prayer for remitting the matter back for fresh consideration cannot be granted...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 34-- Interest pendente lite - Hand loan - Grant of interest pendente lite is within discretion of Court and its grant is not limited only to commercial transactions - Award of interest at the rate of six per cent per annum from the date of suit till its realisation - No interference warranted...........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Necessary party - A person claiming adverse to the claim of vendor, is not a necessary party...........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Necessary party - Petitioner claims suit property as joint family property in which he has undivided share - Impleadment would convert suit for specific performance of contract into suit for title - Impleadment cannot be granted...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - After commencement of trial - Amendment sought to bring on record certain documents - However, no date was mentioned in application as to when said documents have come into knowledge of defendants - Defendants failed to demonstrate that despite due diligence, they..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9-- Local Commissioner - Can be appointed in a simplicitor for injunction when dispute is regarding identity of property...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Where certain plea is raised and decided in execution proceedings and order thereon attained finality, same plea cannot be allowed to be agitated again by filing a separate suit, as it is barred by law of res judicata...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise decree - Setting aside - Fraud or collusion - Separate suit to challenge compromise decree is not maintainable - Compromise decree is to be challenged before same Court under provision of O.23.R.3 CPC...........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Wife having no knowledge of passing of ex-parte decree of dissolution of marriage inspite of residing with husband under same roof - Keeping in view the rival claims and interest of parties in matrimonial case, ex-parte decree set aside...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Compromise decree - Setting aside - Challenge to sale deed and delivery of possession of suit property by way of separate suit, which was given to petitioner in execution proceeding of compromise decree - Not maintainable - Proper remedy is to challenge the same before executing Court itself u/s..........

Showing : 2081-2090 of 19364 Results