Showing : 1271-1280 of 18254 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by law - Recovery suit - Defendant sought rejection of plaint on the ground that suit is not maintainable against any officer or servant of Trust u/s 97 of Town Improvement Act - However, plaint cannot be rejected merely on the basis of bar contained under said..........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Delay in filing - Time limit fixed for filing written statement is binding on defendants - But in appropriate cases, Court may extend time for filing written statement - Provision U.O.8.R.1 CPC does not put a bar on power of Court to extend time for filing written statement..........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Delay of 103 days in filing - Leave of Court - Defendants pleaded that due to unavailability of important documents, written statement could not be prepared and filed within statutory time limit - Plaintiffs did not file an affidavit-i, opposition - Trial Court not recorded a..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 16, Rule 1(2)-- Summoning of witnesses - Not named in list of witnesses - Suit for cancellation of power of attorney and consequential sale deed - Original plaintiff executant of document expired - Two persons stamp vendor and Advocate Notary Public, who sold stamp in question and notarized document, thus become..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1-- Written statement - Non filing within stipulated time - No weighty reasons for non filing of written statement within stipulated time - Order rejecting to receive the same at a belated stage, upheld...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Rejoinder - Not filed for want of signatures - Court should have allowed the same, may be on imposition of some cost - Impugned order of trial Court set aside - Plaintiff directed to submit duly signed rejoinder on next date of hearing before trial Court...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement - Condonation of delay - In construing `sufficient cause' vis-a-vis an application U.O.22.R.9 CPC, strict and pedantic approach not desirable and Courts are expected to make sincere endeavour to allow condonation of delay in the interest of justice and fair play...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - No party is entitled to lead additional evidence at appellate stage as a matter of right - Additional evidence is permissible at appellate stage only in terms of U.O.41.R.27 CPC and on satisfaction of one or more of three eventualities mentioned therein...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Stage of consideration - Application U.O.41.R.27 CPC has to be considered only at the stage of final hearing preceding...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Appellate Court erred in considering application U.O.41.R.27 CPC at a stage prior to actual final hearing of appeal - Impugned order of Appellate Court set aside - Application restored for fresh consideration by Appellate Court...........

Showing : 1271-1280 of 18254 Results