Showing : 5231-5240 of 18852 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1-- Late production of documents - In case `sufficient cause' is shown for filing the documents at the hearing of the suit and/or at the end of the trial, such cause shown should receive a liberal construction so as to advance the cause of substantial justice, more particularly when the documents..........
DELHI HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Service of summons admitted - Assurance given by one defendant to the other defendant that he will be duly represented - Not a ground to set aside ex parte decree when defendant proceeded ex parte was aware of the proceedings and he neither took any pains to..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objection to jurisdiction of Court that passed decree - Not raised before trial court or Appellant Court - Applicant estopped to raise such objection before executing court in the absence of proof of prejudice...........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4-- Jurisdiction - Suit for declaration - Jurisdiction of civil court is barred for land acquisition proceeding - However, in instant case, no notice of land acquisition was given to respondent No.2, therefore he is entitled to proceed with civil suit and since it was the matter of declaration of..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Suit by minor through next friend - When next friend has no interest adverse to minor then there is no basis to question the eligibility of next friend - Next friend need not necessarily to be a guardian and therefore provision of S.11 of Hindu Minority and Guardianship Act has no application as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Normally when the suit reaches the stage of rebuttal evidence or arguments, it should not be dismissed in default - Even, if it has been dismissed in default, the same should be restored when plaintiff files application by holding that plaintiff could not..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17-- Partnership firm - Death of one partner - Devolution of interest - A registered partnership firm, consisting of only two partners, filed suit when both partners were alive - During pendency of suit one of the partners died - Partner who died is none other than the father of appellant and other..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 30, Rule 4, Civil Procedure Code, 1908, Order 6, Rule 17-- Suit by partnership firm consisting of two partners, father and son - Death of father - Out of the two surviving heirs, sister not interested in prosecuting suit - Held, surviving partner is entitled to continue the suit and amendment of plaint can be allowed...........
DELHI HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Unconditional leave to defend - Grounds on which leave to defend sought, plausible for the reasons : (i) of the loan in repayment of which cheque is claimed to have been given, being in cash and without any writing; (ii) there being nothing to show that there was a loan transaction; (iii) when the..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Examination-in-chief - Affidavit in lieu of - Irrelevant evidence - Held, Court cannot permit the party to lead an irrelevant evidence or evidence not related to issue even in affidavit filed by way of examination in chief in lieu of oral evidence - O.18.R.4 in has to be r/w O.18.R.2 which clearly..........

Showing : 5231-5240 of 18852 Results