Showing : 4151-4160 of 16700 Results

RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Pecuniary jurisdiction of Court - Can be decided as preliminary issue after recording evidence of parties - Plaint cannot be rejected on this ground - Application rightly dismissed...........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - If a claim appears to be barred by limitation on the date of filing of amendment application, may be allowed to be incorporated in pleadings by way of amendment if that is required in the interest of justice...........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate a case of fraud and consequential prayer for declaration to nullify the sale of suit property by defendant No.1 to defendant No.2 - However, on the date of institution of suit plaintiff was aware that suit..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff only led affirmative evidence with regard to issue Nos.1 & 2 relating to agreement to sell and part payment - It cannot be said that plaintiff had led evidence or produced evidence on specific issue of forgery contained in issue No.3, the burden of which was on..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate correct value of suit property - Nature of suit not changed - Amendment cannot be rejected merely on the ground that upon enhancement of valuation of suit property, suit was to be transferred to High Court on its..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - To incorporate correct value of suit property - Amendment cannot be rejected on the ground that on enhancement of valuation of suit property, it was to be transferred to High Court on its original side...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - If a suit is wrongly filed in Court then Court should return it to Court where it should have been instituted - O.7.R.10 CPC is applicable and can be invoked only when there is another Court which has jurisdiction to try the suit - If no such forum is available then rule is not..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint for want of jurisdiction - Where Civil Court lacks jurisdiction due to nature of suit, plaint need not be rejected but plaint has to be returned for presentation before proper forum though issues have been settled - Plaint, held, rightly returned...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58-- Attachment - Objections - Framing of issues - Though, it is not necessary to frame issues in all cases requiring adjudication of objection petition U.21.R.58 CPC, but as third party claims right, title and interest in attached property in its own right as owner, the decision of such objections not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58-- Execution - Attachment of property - Objections by third party claiming right, title and interest in attached property - Prima facie appears to have no link with JDs - Opportunity not granted to parties to produce material evidence in support of their respective pleas - Impugned order dismissing..........

Showing : 4151-4160 of 16700 Results