Showing : 5241-5250 of 16910 Results

BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - Suit for possession - Held, when none of the persons has any right, title or interest in suit properties and mutation entries in their names were bogus and fraudulent, they would not be necessary parties to suit...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2-- Issue of res judicata - Cannot be treated as preliminary issue...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Maharashtra Co-operative Societies Act, 1960, Section 118(5)- - Necessary party - Suit for possession - Contention of defendant that property was mortgaged with co-operative bank hence bank was necessary party - Held, if at all bank had any cause or reason to proceed against suit property that cannot be subject-matter of suit - Under provisions of the Act of..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 5, Rule 17, 19-- Service of summons - Provision of O.5.Rr.17, 19 is mandatory in nature - Procedure for service of summons is required to be followed and in absence thereof there cannot be proper service of summons and if summons is not properly served adjudication on merits and decree passed by Court will be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Application for additional evidence must be taken up alongwith appeal - If Court finds that a party has a good reason to produce additional evidence, Court has two options: (i) to allow additional evidence to be brought and if it refers to any document,..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 8-- Suit in representative capacity - If a person sues on his own behalf initially and later the suit is converted into a representative suit (by amendment of plaint), there is no addition of parties involved - There is nothing which prevents a Court from permitting persons from suing in their..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908- - Defence of L.R - A legal representative of deceased defendant cannot take a plea which the deceased defendant did not take during his lifetime...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Limitation - Delay in filing application - Application for condonation of delay also not filed - Held, limitation to file application was thirty days and said limitation period started from the date of decree because defendants had been duly served in suit and..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - When plaint is returned raising certain objections or returned for presentation to proper court before it is registered - Making certain amendments therein does not amount to tempering of plaint and does not require leave of court or any application for amendment of plaint...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 10-- Subsequent purchaser - Impleadment - A person who purchases a property pendente lite gets no new right and his rights will be subject to the right of his vendor in suit - It is fair and appropriate that purchaser is brought on record - Application allowed...........

Showing : 5241-5250 of 16910 Results