Showing : 5161-5170 of 17145 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Ground of res judicata - Res judicata is not mentioned as a ground for rejection of plaint - Once res judicata is not included as a ground in O.7.R.11 CPC it cannot be added nor can the relief under the provision be extended through implication...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Ground of res judicata - Suit for declaration of title and perpetual injunction - Defendant sought rejection of plaint on ground of res judicata as the question of title to suit property was decided in an earlier suit - Apart from res judicata not being a ground for rejection..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 6B, 6C, 6D, 6E, 6F, 6G-- Counter claim - Every principle that applies to adjudication of suits, applies to counter claim also - Counter claim for all practical purposes, resembles an independent suit, be it in the context of limitation, payment of Court fee and the like - Counter claim can be made even while acknowledging..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Permissibility - Held, in order to avoid multiplicity of litigation, it is always better to allow amendment of pleadings so long as such amendment does not alter nature or character of suit or introduce any new cause of action between parties - Even if such amendment is..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 7-- Grant of relief more than what is claimed - Not permissible - Plaintiff may seek amendment of suit, if, in the course of trial, it emerges that he is entitled to get more than what was claimed in the suit - For this purpose, he has to satisfy the Court, on the point of limitation, and must pay the..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Imposition of cost - Court below found that amendment sought to be introduced does not alter nature and character of suit - Amendment application filed belatedly - Court below considered all facts and circumstances and allowed application subject to payment of cost of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 7, Rule 11-- Muslim - Restitution of conjugal rights - Petitioner a Muslim - No mention in petition that marriage was performed according to customs of Hindu religion or that petitioner converted to Hinduism - Act applies only to marriages that take place between parties, who profess Hinduism - Rejection of..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment as party - Rejection of application - Validity - - Construction of maternity center on disputed land - Issues involved in suit relate to claim of opposite party No.1 as lessee over suit land - Petitioners can have no say in such matter - Petitioners though social activists and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 2, 3-- Misjoinder of parties - Held, there are two tests, which must be applied to gauge whether a suit instituted against several defendants is justified or not - If relief in respect of a series of transactions indulged by some of defendants is on a basis that they were not entitled to indulge in such..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Application not to be taken independently of the disposal of appeal - Application has to be decided alongwith the appeal - Application can be allowed when Court finds that additional evidence must be received and that it requires no further oral evidence -..........

Showing : 5161-5170 of 17145 Results