Showing : 1281-1290 of 18083 Results

KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Plea of res judicata has to be specifically and expressly raised - Foundation of plea of res judicata must be laid in pleadings - If this was not done, no party would be permitted to raise it for first time at the stage of appeal...........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of subsequent purchaser - Suit for specific performance - Sale deed in favour of subsequent purchaser executed during pendency of suit - Same is hit by provisions of lis pendens - Suit filed is for relief of specific performance, if decree is passed against defendant that decree is..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Non-disclosure of cause of action - Plaint averments are decisive - Plaint averments whether real disclosure or pretended disclosure is premature for Court to go into though otherwise a stale claim can be rejected instead of allowing to put the ordeal of facing trial by the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 11, Rule 12, 14-- Written statement - Defence struck off due to non filing of written statement - Defendant had filed an application U.O.11.Rr.12, 14 CPC by stating that it was not possible for him to file effective written statement in the absence of supply of documents relied upon and attached to the plaint -..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Bar of limitation - Suit for specific performance - Existence of real cause of action and bar applies to the facts from proof are matters for adjudication - However, in such case, rather than deciding rejection of plaint, it is to invoke O.14.Rr.1, 2 CPC to sub-serve the ends..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Explanation provided by defendant for his absence is that he was ill - Plaintiffs in their counter affidavit not disputed illness of defendant - Ex parte decree set aside...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 3, 4, 6, 7(As-- Person of unsound mind - Sued but not through guardian or next friend - On objection being raised by defendants plaintiff filed an application to implead major son with whom person of unsound mind was residing - Son having no interest adverse to her - Application supported by an affidavit - There..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint at appellate stage - Permissibility - Proposed amendment may affect the party and will also take away effect of judgments and decree - There is also possibility of rehearing of suit inviting additional written statement as well as evidence from both sides - More so, there is no..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Work contract between parties - Triable issues made out by defendant for the reason that there is prima facie acknowledgment of a representative of plaintiff acknowledging over payments to plaintiff - Prima facie allegations of fraud and connivance..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Irregularity in service - If defendant knew of the proceedings and yet choose not to appear, then mere irregularity in service does not make ground for setting aside ex parte judgment and decree...........

Showing : 1281-1290 of 18083 Results