Showing : 5191-5200 of 17421 Results

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..........
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..........
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...........
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..........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 10-- Stay of earlier suit - It is beyond the scope of S.10 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Essential conditions for invoking the provision of S.10 CPC : (i) when there is a previously instituted suit between same parties, (ii) matter in issue is directly and substantially is same; (iii) where suit is pending between same parties; (iv) the previously instituted suit alone..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Previous suit instituted for compensation of acquisition of plot - Subsequent suit for partition of the entire property - Held, relief claimed in previous suit will not effect the proceedings of subsequent suit - Moreover, petitioner is not seeking stay of the proceedings of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Calculation of amount to be deposited by JD - Challenge to - High Court found calculation in order but chose to give one opportunity to judgment debtor to deposit the amount - Held, exercise of discretion by High Court cannot said to be erroneous or contrary to Law - No interference is called for..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Variation of properties in the agreement of sale and the suit schedule - Same cannot be decided while deciding application U.O.7.R.11 CPC...........

Showing : 5191-5200 of 17421 Results