Showing : 1971-1980 of 20115 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Limitation - It is for executing Court to decide whether restitution petition is within limitation or not - It is only the Court which passed the original decree, which can order restitution - Restitution cannot be granted by Supreme Court...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 16, Rule 6, 7-- Summoning of Sub-Registrar along with record containing true extract of registered gift settlement deed - Certified copy of document in question already marked in evidence and same was certified to be true copy by none other than registration authorities themselves - That being so, asking..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1-- Withdrawal of suit - Partition suit - Withdrawal sought on the ground that all the properties of family and other co-parceners as parties were not included in the suit - However, plaintiff has already availed the remedy of including other co-sharer as a party and also took steps for getting..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Expression `barred by any law' - `Law' includes judicial decisions of the Apex Court...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents - Suit for partition and rendition of accounts - Copies of bank statements and cheques etc. relating to bank accounts of father and mother of parties are necessary and relevant for deciding the suit - These documents will definitely help Court to at least arrive at the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration claiming ownership on the basis of sale deed - Property purchased during pendency of execution petition at the hands of defendant No.1/earlier decree holder - Plaintiff stepped into the shoes of his vendor - Separate suit to challenge the legality and validity of proceedings..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plea that suit is barred u/s 69 Partnership Act - When suit is vexatious or when there is plea that suit is barred by law, Court to decide application first before asking defendant to file his written statement...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Production of document - While deciding application and more particularly while rejecting application for production of documents, Court is required to assign cogent reasons for such refusal...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Defendant impleaded in the suit on the demise of her father and in substitution of her father and not owing to any independent right of defendant - Merely because nomenclature of O.1.R.10 CPC used would not change the position of law of defendant having come into the picture..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for recovery of possession and permanent injunction - Rejection of plaint sought on the ground that plaintiff has not sought relief of declaration of title to property - However, from the averments in the plaint, title claimed by plaintiff is not in dispute - It was..........

Showing : 1971-1980 of 20115 Results