Showing : 1271-1280 of 17472 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Death of original plaintiff - Substitution on the basis of Will - Suit for cancellation of Will - Respondents seeking their substitution on the basis of Will executed by plaintiff in their favour - Question regarding validity of Will can be adjudicated as and when case is finally decided -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Res judicata - When cause of action in second suit is not entirely same as in first suit but the basic cause of action is same, then second suit is barred by res judicata...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1-- Withdrawal of suit - Res judicata - Suit for declaration - Second suit not filed after either withdrawal or abandonment of claim raised in first suit and factum of first suit is disclosed in plaint of second suit, then subsequent withdrawal of first suit does not come within purview of provision,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 22-- Appeal from original decree - Cross-objections - Period of limitation is one month from the date of service of notice on respondent or his pleader...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Lower Appellate Court decided appeal with consent of counsel of parties in terms of Commissioner's report and map - At this stage, it cannot be said that plaintiff had not given any consent to decide the appeal - Even otherwise, neither plaintiff had filed any complaint against his..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 22-- Cross-objections - Period of limitation - Appeal filed in 1999 - Notices sent earlier but record was destroyed in the fire incident and notices were again served in April 2014 - Cross-objections filed in 2015 - Held, if a cross-objector fails to file cross-objections within stipulated time, then..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Admission U.O.12.R.6 CPC must be an absolute admission capable of being worked out on strength of admission - If admitted fact cannot independently stand or convey any meaning and ultimate relief to be granted in suit is linked with those facts, then it will not be proper..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 3-- Bar of limitation - Provisions of O.41.R.22 of CPC are akin to the provisions of Limitation Act, 1963, i.e. when such provision bar a remedy, by efflux of time, to one party, it gives consequential benefit to opposite party - More so, before such vested benefit be taken away, Court has to strike a..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6-- Judgment on admission - Suit for permanent injunction - Suit cannot be dismissed only on basis of stray admission of PW1, which never constitute an absolute admission exercising powers U.O.12.R.6 CPC, by ignoring documents produced to prove that they are in possession of suit schedule property as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13-- Setting aside ex-parte decree - Divorce decree - Non service of summons - Husband has not disputed the fact that it is the official address of the father of wife, where summons been served - On mere production of postal receipt, trial Court proceeded ex-parte against wife without verifying the..........

Showing : 1271-1280 of 17472 Results