Showing : 5201-5210 of 15026 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for permanent injunction - Amendment sought to seek alternative relief of possession - There is no embargo on the plaintiff claiming such an alternative relief - Unless the prayer sought to be made by way of amendment is barred by law, Court shall make a liberal approach..........
PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 34, Rule 14, Trusts Act, 1882, Section 90-- Redemption of mortgage - Entitlement to - Mortgagee filed money suit and in execution of money decree, mortgaged property was sold which was purchased by mortgagee - Held, relationship of mortgagor and mortgagee continues to subsist even thereafter - His purchase is only in trust for mortgagor -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for permanent injunction - By way of amendment of plaint relief of declaration of title, recovery of possession and mandatory injunction claimed - Such amendment does not alter the nature of suit - Order allowing amendment, upheld...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Averments on the basis of which amendment is sought not to be gone into at the time of considering application for amendment of pleadings - Such averments can be put to test only in the trial - The only question that is relevant at the time of considering the application for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Constitution of India, 1950, Article 226-- Partition proceedings - Writ petition - Maintainability - Held, once the petitioners had invoked the alternative remedy of filing a civil suit to challenge the instrument of partition, they can not be heard in a writ petition once they had not succeeded in Civil Court and permitted to withdraw the..........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Validity - Earlier plaintiff was claiming adverse possession regarding disputed property against respondents Nos. 2 to 4 - Now he is claiming adverse possession against respondent No. 1 with a specific prayer to restrain respondents No. 2 to 4 from interfering in possession..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal - Right to lead rebuttal evidence not reserved - Exercise of even `implied option' not deductible from the facts of the present case - Held, further opportunity of leading evidence in rebuttal cannot be allowed...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 40, Rule 1(S- - Preliminary issue of jurisdiction - If objection to the jurisdiction is raised by the defendants at the time of hearing of the Application for temporary injunction or application for appointment of Court Receiver, it is duty of Court to decide the said objection after framing a preliminary issue..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit - Sufficient cause - Should receive liberal construction so as to advance substantial justice when no negligence or inaction or want of bonafide is imputed to a party - In the instant case application filed within 30 days after coming to know that suit has been dismissed for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh on same cause of action - Permissibility - Plaintiffs have taken very vague and general plea regarding false documents without specifying the documents - Alleged false documents including ex parte decrees were traced at the time of filing of affidavit..........

Showing : 5201-5210 of 15026 Results