Showing : 1331-1340 of 19734 Results

CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 2(2)-- Preliminary issue - Issue of Court fee - Cannot be decided as preliminary issue in the absence of finding that valuation of suit has been done in such manner that valuation of suit would take it out of pecuniary jurisdiction of Court...........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 2(2)-- Preliminary issue - When issue is to be tried by framing issues, inhibition in O.14.R.2(2) CPC is that no issue can be tried as a preliminary issue unless it is an issue of law only and even then it should fall U.O.14.R.2(2) CPC, otherwise even pure issue of law cannot be decided...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Constructive res judicata - Dismissal of previous writ petition by single word `dismissed' by a no, speaking order would not operate as constructive res judicata - Before a Court invokes rule of res judicata, Court has to be certain and in a position to return a finding that previous writ petition..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree for mandatory injunction - Execution of decree cannot be stayed during pendency of suit to set aside ex parte decree - So long as decree holds ground, the same may be executed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Orders passed by authorities under Haryana Ceiling on Land Holdings Act, declaring land to be surplus is without issuing notice to plaintiffs, who became owner in 1974 - Said order was wholly perverse and against principal of natural justice - In such circumstances,..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh - Formal defect - Suit for declaration and permanent injunction - Plaintiffs claiming themselves to be trustees of temple - They also claiming right to manage temple - Earlier proceedings initiated with third parties were not mentioned in plaint, as..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 104, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Dismissal of application U.O.39.R.2-A CPC - Appeal against - Not maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication - Filing of replication is not necessary but optional, as major pleadings of parties are contained in plaint and written statement - While filing replication, plaintiff is not required to plead in detail, countering the assertions made by defendants in written statement...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 5-- Additional issues - Additional issues can be framed at any stage of the case - Application cannot be rejected merely for the reason that case was at the stage of plaintiff's evidence and was ten years old...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17-- Amendment of plaint - Amendment sought on the ground of an event which happened before filing of suit, cannot by any stretch of imagination be termed as due diligence, particularly when trial of case has commenced - Amendment rejected...........

Showing : 1331-1340 of 19734 Results