Showing : 1271-1280 of 19731 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court cannot short circuit proceedings and non suit plaintiff based on material other than plaint averments while exercising jurisdiction U.O.7.R.11 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 10A-- Death of a party - Period of 90 days commence from date when pleader informs Court regarding death of his client...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 12-- Production of documents - Eviction petition - Tenant seeking production of documents to prove that landlord has an alternative shop now available to him to overcome his bona fide need for running business of his son - However, neither tenant nor Court can direct landlord to choose place and..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court below while rejecting plaint has not based its decision on plaint averments only - On the contrary it has looked into material produced by defendants - Such an approach on the part of Lower Court runs contrary to legal position - While rejecting plaint averments in..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 10A-- Death of defendant - Counsel for defendant informed Court regarding death of deceased on 9.1.2012 - Application U.O.22.R.4 CPC filed on 2.4.2012 i.e within 90 days - It cannot be said that suit had abated - Application rightly allowed...........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for declaration of easementary rights and injunction - Proposed defendant is the joint owner of adjoining land in question - Without his impleadment proper and final adjudication in regard to easementary rights arising out of property in question cannot be made -..........
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..........

Showing : 1271-1280 of 19731 Results