PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123-- Ex-parte decree - Setting aside - Limitation - Once due service is not established, limitation for setting aside ex parte judgment and decree would count from the date of knowledge...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Death of defendant Nos.2 to 4 - Substitution of LRs - Suit for cancellation of sale deed - Deceased defendants executed registered sale deed in favour of defendant No.1 - Since all rights and interest in suit property transferred in favour of defendant No.1, Courts below rightly held, that there..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of issue - Unregistered gift deed - Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - Unregistered gift deed does not amount to a gift and not created any right in favour of defendant - Since defendant having not claimed any other..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 32(5)-- Execution - Decree of permanent prohibitory injunction - Direction issued by executing Court to JD to remove obstructions to shop room and maintain shop rooms in previous position and to hand over shop room to decree holders for purpose of business - Cannot be said to be beyond scope and ambit of..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Trial not compulsory in every suit - If from documents and pleadings, it is clear that there is no need for a trial and that case of a party stands admitted, Court can pronounce judgment...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 15-- Disposal of suit at first hearing - Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - Defendant not enforcing the gift - Question of putting suit to trial to determine intention of parties, does not arise - Plaintiff is entitled to a..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Admission need not be in pleadings of same case but can be in any other form, including in unconnected proceedings...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession - Defendant admitted ownership of plaintiff/mother in earlier suit filed by him - He was misbehaving with plaintiff and her husband and license granted to him was terminated orally and defendant was asked to vacate suit property, which he failed to do so..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Striking off plaint u/s 151 CPC - Trial Court has no power to strike off plaint - High Court can strike off plaint either under Art.227 of Constitution of India or u/s 151 CPC - Trial Court can reject plaint if defendant makes out case U.O.7.R.11 CPC - When there is specific provision for striking..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Suit by minor - Next friend/guardian - Suit filed on behalf of minor by his elder brother as his next friend - Sustainable, as next friend has no adverse interest to that of minor - Minor on attaining majority within one year of date of filing suit elected to continue with suit - Merely because..........