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Results of code of civil procedure

Showing : 2731-2740 of 22422 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of expert witness for cross examination - Court itself found it necessary to cross examine the expert witness with a view to arrive at a just conclusion for doing complete and substantial justice between the parties - Court is well within its jurisdiction to pass the order allowing recall of expert witness for cross..........

GAUHATI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1, Himachal Pradesh Tenancy and Land Reforms Act, 1972 -- Withdrawal of suit as plaintiff desired to proceed under the Act of 1973 - Bar U.O.23.R.1 applies only to a fresh suit and not to proceedings under the Act of 1973 - Proceedings in a suit are essentially different from the proceedings under the Act of 1973 - Withdrawal of..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Question whether there has been an abandonment of claim by withdrawal of suit is a mixed question of law and fact - Language of order for withdrawal is not always determinative - Background facts necessarily have to be examined for a proper and just decision...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - No error apparent on the face of record - Grounds urged by petitioner are the grounds for making an appeal and not for review - Review petition dismissed...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Sufficient cause shown by plaintiff for not able to produce the documents in question earlier - Affidavit filed by plaintiff, offering explanation, not rebutted - Moreover, when Code does not put any restriction on Court to accept the documents at a later stage of trial, Court must be liberal..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Auction sale - Confirmation of sale - Closure of execution petition - Remedy available to J.D. U.O.21.Rr.89, 92(2) CPC not availed by him before execution Court in time - Defendant thus, has no right or whatsoever to question Court auction sale which was held in the year 2002 itself - Moreover, sale certificate is issued..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - High Court has jurisdiction to hear second appeal only on substantial question of law framed u/s 100(5) CPC - Since no substantial question of law was framed by High Court on the applicability of S.15(2) of Hindu Succession Act and in the absence of any pleading, issue..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Writ petition filed that proceedings under Urban Land (Ceiling and Regulation) Act stood abated - Impleadment of authority for whose benefit land was acquired was necessary - In the absence of impleadment of such authority writ petition itself was not maintainable - Impugned order set aside - Matter..........

KERALA HIGH COURT

Year of decision: 2017
Details

Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Section 47, 12, Order 21, Rule 95 -- Limitation - Auction sale - Delivery of possession of property not asked within the statutory period of one year - Remedy of regular suit for declaration of title and recovery of possession is available subject to limitation...........

Showing : 2731-2740 of 22422 Results