Showing : 1341-1350 of 18254 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 4, 19-- Recording of evidence - Plaintiff aged more than 80 years is an illiterate lady, executed a general power of attorney in favour of one person - She wanted to examine said power of attorney holder in support of her case - Defendant opposed said prayer before trial Court, which was upheld by trial..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, 99-- Second appeal - Suit for specific performance - Concurrent findings of both the Courts below regarding no, execution of agreement of sale, which was basis of suit is on record - Substantial question of law whether said agreement is admissible or inadmissible in evidence becomes irrelevant and will..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- Appeal - Non-formulation of points of determination - It is mandatory for first appellate Court to have framed points of determination while deciding first appeal u/s 96 CPC - Since in the present case said requirement of law has not been fulfilled, first appellate Court committed illegality in..........
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...........
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..........
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 - 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..........
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..........
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..........

Showing : 1341-1350 of 18254 Results