Showing : 2111-2120 of 17145 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Limitation Act, 1963, Section 5-- Recovery suit - Restoration of suit - Dismissed in default - Condonation of delay - There is no gross negligence or lack of bona fides on the part of plaintiff - Plaintiff's claim for recovery of Rs.3,94,754 against defendant warrants adjudication - Order dismissing suit set aside...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Pre-trial amendments which address real controversy between parties in suit are not to be disallowed ordinarily, because it prevents multiplicity of suits, unless it seriously prejudices interest of other side...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - While considering amendment application Court is not required to address merits of plea sought to be incorporated...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Injunction suit - Amendment sought to declare sale deed executed during pendency of suit to be null and void - Suit was instituted claiming that suit property was joint property and without partition defendants cannot sell any specific portion nor they can evict plaintiffs..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for permanent and mandatory injunction - Plaintiff claimed his right and title over suit property on the basis of sale deed executed in his favour - Defendant on the other hand himself admitted that no ownership was transferred in his favour - Neither name of defendant was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17-- Amendment of written statement - Inadvertent typographical mistake - At different places in the written statement word `incorrect' is mentioned and only at one place word `correct' is mentioned, which appears to be inadvertent - Amendment, rightly allowed...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 34, Rule 5-- Mortgage suit for recovery - Final decree - Limitation for final decree is three years, as Art.137 of Limitation Act applies to an application for final decree - Right to apply for final decree accrued to plaintiff Bank on expiry of six months from preliminary decree i.e in 2001 - Application for..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148-- Specific performance - Non deposit of balance sale consideration within time - Decree is not executable by making payment of interest even when J.D. has not sought rescission of contract...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148-- Specific performance - Extension of time to deposit balance sale consideration - There is no automatic extension of time merely because recession of contract is not sought by JD...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Suit for specific performance - Execution of agreement for sale between parties not disputed - Suit property was sold twice - If interim injunction is not granted, suit property may be transferred further and there would be every possibility of multiplication of proceedings -..........

Showing : 2111-2120 of 17145 Results