Showing : 5181-5190 of 17145 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections U.O.21.R.97 CPC - Rejection - Order neither perverse, nor suffering from any error apparent on face of record - Order not causing failure of justice - Writ petition against order is untenable...........
DELHI HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Restraining defendant from obstructing plaintiff from accessing the first floor - First floor was not in use on the date of institution of suit - No case for grant of interim mandatory relief made out...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 6, 9, 12, 13-- Ex parte decree - Setting aside - Wife appeared personally and pleaded that her counsel was demanding money for filing written statement - Court rendered advise to appellant to contact Secretary, District Legal Service Authority for free legal aid - Ex parte evidence recorded on that very date - A..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Order granting status quo - Propriety - Parties related to each other - As per plaintiffs'/respondents' own submission appellant is using a toilet and bath-room which is just outside house - Trial Court has failed to consider counter claim filed by appellant - Held, even if, a prima-facie case has..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-sharers - Restraining defendants from interfering in the possession of plaintiff - Without a suit for partition, injunction cannot be granted against a co-owner...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 23-- Principle of O.23 CPC applies to two different suits and not on different stages of the suit...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2-- Plaint - Amendment - Reincorporation of relief which was earlier got deleted by amendment of plaint - There is no absolute prohibition - Plaintiff could be saddled with heavy costs - Amendment allowed subject to payment of Rs.25,000/- as costs...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 33-- Exercise of power U.O.41.R.33 CPC - Two requirement for exercise of power are that the parties before the Lower Court should be there before the Appellate Court and the question raised must properly arise out of the judgment of the Lower Court - If these two requirements are there, Appellate Court..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Trial Court compared signatures on summons with signatures on application and held that signatures on summons was that of defendant - Held, when defendant filed affidavit in support of his application that he was not duly served with summons and that affidavit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 80-- Notice - Service of notice u/s 80 CPC after institution of suit - Basic defect is not cured - Dismissal of suit - No interference...........

Showing : 5181-5190 of 17145 Results