Showing : 5191-5200 of 15367 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Written statement - Amendment to introduce counter claim - Dismissal of application - Causes no prejudice to defendant when he has independent right to file a suit with respect to the matter for which he intends to raise counter claim - Petition dismissed...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - It is duty of Court to return finding on application filed U.O.7.R.11 - Court is also duty bound to ascertain whether suit is maintainable in law when same filed before it - Civil Court cannot mechanically issue notices and orders on presentation of plaint - Power given..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17-- Impleading a party and amendment of plaint - Suit for specific performance - Plea in written statement that wife is owner of part of the property - Proposed party is the wife of the defendant and she is owner of part of the property and her presence would be necessary to enable the court to..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - Costs - In determining cost Court has to keep in view the amendment which was sought, the financial benefit, if any, derived by one party at the cost of the other, the delay and inconvenience caused by protraction of hearing and in the event of an appeal to the higher..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Court is more liberal in allowing amendment of written statement as the question of prejudice is ordinarily far less - A defendant may be permitted to amend the written statement even to alter the defence or to take an inconsistent plea...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Death of defendant No.1 - Legal representative of deceased defendant already on record as defendant No.2 - Contention that defendant No.2 had been adopted and therefore not legal representative of deceased not proved by evidence - Order that suit did not abate, upheld...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - Application for amendment of pleadings is not subject to any period of limitation - Article 137 of Limitation Act is not applicable...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit against a foreign State - In the absence of permission from Union of India, plaint is liable to be rejected...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - After commencement of trial - Amendment can be allowed only if Court comes to conclusion that in spite of due diligence the party could not raise the matter before the commencement of trial - In the instant case suit was instituted prior to 1.7.2002 as such amended..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 86(1)-- Suit against a foreign State or Ruler - Held, requirement of permission from Union of India is mandatory - In absence thereof there can be no implied permission...........

Showing : 5191-5200 of 15367 Results