Showing : 1291-1300 of 18375 Results

BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 10-- Death of original defendant - Assignment of interest by defendant - Impleadment of assignee pendente lite - Original defendant made assignment in favour of applicants during pendency of suit - Applicants as assignees have therefore sought their impleadment to protect their interest - Applicants..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 10-- Death of original defendant - Assignment of interest by defendant - Impleadment of assignee pendente lite - Challenged on the ground of delay - Original defendant prosecuting suit whilst he was alive and applicants can be said to have condescended to such prosecution - It is only after death of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of local commissioner - To know actual existing position on spot - Sale deed relied upon by plaintiff gives no details of suit land - It only gives that suit land is bounded by such and such property - Appointment of local commissioner will be of no help to plaintiff - More so,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of local Commissioner - Practice and procedure - Each and every application for appointment of Local Commissioner not to be accepted - It is discretion of Court and it is to be allowed only in cases where Court deems it appropriate that local investigation would be required for..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - O.41.R.27 CPC cannot allow a litigant who had been unsuccessful in lower Court to patch up weak parts of his case and fill up omission in appeal...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27-- Additional evidence at appellate stage - Documents sought to be produced by defendants are plaint and order sheet of earlier suit - Said documents were well within knowledge of defendants but they did not bring the same on record by way of evidence at trial stage - Requisite condition as mentioned..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Change in the nature of relief - It is not change in nature of suit...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Application cannot be rejected merely on the ground of delay, however, long it may be, provided facts of case warrant allowing amendment...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Bar of limitation - Issue of limitation is a mixed question of law and fact and same has to be gone into by trial Court at an appropriate stage in main suit - Application for amendment of plaint cannot be rejected on ground of limitation...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment be allowed, if (i) it does not cause injustice to other side; and (ii) it is necessary for purpose of determining real questions in controversy between parties...........

Showing : 1291-1300 of 18375 Results