Showing : 5171-5180 of 17421 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Amendment sought necessary for proper and effective adjudication of suit - Application for amendment bonafide - Refusal of amendment would lead to injustice - Allowing amendment will not cause any prejudice to defendant - Amendment allowed...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Not permissible when case is at the stage of arguments...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Court can exercise power either on its own motion or on an application filed by any of parties to the suit - Such power is to be invoked not to fill up the lacunae in the evidence of the witnesses already recorded but be invoked only to clear any ambiguity that may have..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - Not purely a question of law - It is a mixed question of law and facts - Plaint cannot be rejected on ground of limitation if disputed facts are involved...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Abandonment of part of claim - After institution of suit, plaintiff is free to either withdraw the suit or abandon part of his claim as against all or any of defendants when no right has already accrued to the other party in suit - No specific form is required for seeking such a relief and even an..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Object - To prevent Courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of same cause of action/matter in issue so as to avoid possibility of contradictory verdicts by two courts in respect of same relief...........
DELHI HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Deficit court fee - Plaintiff has to value the relief of declaration and consequent cancellation of gift deed at the value of the suit property as reflected in the registered gift deed - Plaintiff to pay deficit court fee within a period of twelve weeks and failing to pay..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A-- Remand - Power of remand can be exercised by appellate Court either U.O.41.R.23 or R.23-A CPC - While R.23 could be exercised when suit is disposed of by trial Court on a preliminary issue and R.23-A can be invoked when suit is disposed of otherwise than on preliminary point and when decree is..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25-- Remand of case - Validity - Appellate Court remanded case to trial Court without reversing findings recorded by trial Court on issues framed by trial Court and without finding retrial necessary - Appellate Court also failed to frame any issue which according to it, trial Court had failed to frame..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 13, Rule 1(1)-- Production of document - Document sought to be produced during cross-examination of plaintiff - Provision contained in O.13.R.1(3) CPC would apply when witness of the party is being cross-examined and not when party i.e. plaintiff or defendant as the case may be is being cross examined - Moreover,..........

Showing : 5171-5180 of 17421 Results