Showing : 2181-2190 of 18638 Results

CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 13, Civil Procedure Code, 1908, Section 151-- Refund of Court fee - Withdrawal of suit with liberty to file a fresh suit - Court cannot exercise inherent power to refund Court fee, as S.13 of Court Fee Act or inherent power cannot be invoked for refund of Court fee when suit is being withdrawn after a full-dressed trial before trial Court -..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex Parte decree - Setting aside - Condonation of delay - Sufficient cause is shown by defendant for her absence before Court below, as her husband was ill and has subsequently died - Application allowed subject to payment of Rs.10,000/- as costs...........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Defendant failed to appear on account of illness and subsequent death of her husband - Sufficient cause shown by defendant for her no, appearance before trial Court - Delay condoned - Ex parte decree set aside...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 92-- Leave to file suit u/s 92 CPC - Original petition has to be filed for grant of leave as per scheme of S.92 CPC and it should be supported by sufficient document relied on by plaintiff and a copy of plaint so as to have an assessment regarding issues involved in the suit and to take a decision on..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 92-- Leave to file suit u/s 92 CPC - Petition u/s 92 CPC should contain all pleadings in the plaint with reliefs sought and materials relied on - It mandates an exact replica of plaint in addition to cause title - Leave granted in an interlocutory application supported by an affidavit is bad in law and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Stage of proceedings is not relevant for correction of clerical/typographical mistakes which can be corrected even after passing of judgment and decree and can even be corrected during pendency of appeal - Amendment allowed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Allowing additional evidence that too after closure of evidence by orders of Court, which otherwise attained finality - Not permissible under law - Rather, it amounts to allowing of rebuttal to rebuttal evidence, which is unheard of in judicial circles...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Exclusion of counter claim - Suit for permanent prohibitory injunction - Counter claim raised by way of easement of way over subject matter of suit - If counter claim raised is proved, it would be relevant for adjudication of relief sought by plaintiff in the suit - Counter claim would not come..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration - Amendment sought to correct Khasra no. of suit property - Patwari wrongly supplied incorrect Khasra no. to plaintiff - Said explanation is absolutely plausible, as plaintiff has nothing to achieve by mentioning wrong khasra no. - Case is fixed for..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 16, Rule 6-- Production of document - Suit for declaration and recovery of possession - Original sale deed - In possession of vendee, who is dead - Plaintiffs filed certified copy of sale deed - Sale deed is now in custody of son of vendee - Document is vital one - Application allowed...........

Showing : 2181-2190 of 18638 Results