BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 145-- Ex parte decree - Set aside - Evidence recorded prior to setting aside ex parte decree is wiped out - Evidence recorded earlier can be used to confront said witnesses, as permissible u/s 145 Evidence Act, being previous statement of witnesses...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2), Specific Relief Act, 1963, Section 19-- Impleadment of co-owners as defendants - Suit for specific performance - Petitioners sought their impleadment on basis that they are co-owners in possession and enjoyment of suit property along with defendants - They will be proper parties to suit which will enable Court effectually and completely..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 33, Rule 1-- Suit by indigent person - Honest belief of plaintiff at the time of institution of suit that he would be able to pay Court fee at a later point of time, would not debar him from claiming benefit of O.33 CPC, if subsequently, it is found that he is unable to pay balance Court fee...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Oral compromise - Suit dismissed as withdrawn - Recall of order - Plaintiff was persuaded to withdraw their suit on being induced by sheer misrepresentation which was not intended to be acted upon by defendant - Plaintiff believed the defendant and abandoned his suit - For making false..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1-- Withdrawal of suit - Recall of order - Order can be recalled not only in case of proved fraud, but same can be recalled by Court, ex debito justitiae, if it is satisfied that withdrawal of suit was engineered by defendants by deceit which would include constructive fraud, inducement and..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 15, Rule 5-- Striking off defence - Non-deposit of rent - Dispute regarding first date of hearing - Question as to which date is first date of hearing is a vital question, which may be decided after framing of issues and on the basis of evidence on record and giving opportunity of hearing to parties - Said..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Suit for declaration of title and recovery of possession - Certified copy of gift deed sought to be produced by way of additional evidence by defendants - No material on record that gift deed was handed over to counsel for defendants - Attributing..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 15, Rule 5(As-- Protection against striking of defence - Strict compliance of provision of O.15.R.5 CPC is mandatory before claiming benefit/protection against striking off defence by tenant...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 15, Rule 5(As-- Striking off defence - Default in payment of rent - Plaintiffs are husband and wife who jointly purchased disputed shop and inducted defendants as tenant - Arrears of rent not paid by defendants, as they claimed that plaintiff no.2 sold half of suit property to defendant no.2 - Sale deed regarding..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Objection by JD - Execution - Decree for declaration, permanent and mandatory injunction - JD failed to lead any evidence before trial Court when proceedings were undertaken in suit filed by plaintiffs - He cannot be permitted to raise objection on merits of decree before executing Court, as said..........