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Showing : 1541-1550 of 23723 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - First appeal is a valuable right of appellant and therefore, appellant was entitled for an opportunity to prosecute their appeal on merits - If appellant's advocate did not appear, Court could impose some cost on them for restoration of their appeal to compensate appellant instead..........

KERALA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Section 151 -- Production of documents - Non-compliance of order - Court is not empowered, either U.O.11.R.21 or S.151 CPC to strike out defence or dismiss suit...........

KERALA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - O.11.R.14 CPC, does not attach to a party an absolute right to insist for production of a document in possession of adverse party in support of proof of his case...........

KERALA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Tests of comparative hardship of parties is also one of tests to be applied by Courts in deserving cases when parties to suit apply for production of document invoking O.11.R.14 CPC...........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to jurisdiction of Court - Issue of jurisdiction was decided by trial Court and also by Appellate Court - Executing Court is not expected to decide the same issue again while executing the decree - Objection rightly rejected...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 26, Rule 10 -- Local commissioner - Report of Local Commissioner suffering from an irregularity i.e. want of following applicable instructions - Proper course for High Court is either to issue a fresh commission or to remand the matter for reconsideration - Entire suit cannot be dismissed for any irregularity on the part of Local..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed u/s 6 of Specific Relief Act - Application for temporary injunction dismissed by Trial Court which was affirmed by first appellate Court - High Court set aside concurrent findings of Courts below, without dealing with any of aspects set out by first appellate Court and swayed by fact that..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Sought at the stage of final arguments - Documents sought not referred in written statement, list of documents and affidavits filed by defendant - Evidence of defendant is already over - If application of defendant is allowed, then matter has to go back to the stage of leading of defendant's..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 696 days in filing appeal - Partition suit - Delay is about 1 year and 9 months - If indeed appellant/defendant really suffered on account of judgment and decree of trial Court, he would have taken steps to file appeal in time - Although plaintiff sought 1/3rd share..........

TELANGANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - On the ground of jurisdiction - In the instant case, parties by consent have conferred exclusivity of jurisdiction upon a Court within whose territorial limits, a part of cause of action arose therefore, petition U.O.7.R.11(d) CPC is not maintainable...........

Showing : 1541-1550 of 23723 Results