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Results of civil procedure code issue

Showing : 641-650 of 1323 Results

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both the parties claiming to be entitled to the property - Issue as to who is entitled and shares to which are entitled - To be decided after trial of case - In the mean time property needs to be protected - Order restraining defendant from transferring or from alienating the property in dispute..........

MADRAS HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed in default - Subsequent suit - Trial Court, instead of framing an issue citing O.9.R.9 of CPC, cited only the plea of res-judicata - Appellate Court held that subsequent suit was barred U.O.9.R.9 of CPC - Proprietary of - Held, appellate Court, being last Court of fact, was competent to entertain such a plea..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 20, Order 14, Rule 1 -- Territorial jurisdiction - Issue as to territorial jurisdiction should be taken up as a preliminary issue...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 16, 20 -- Jurisdiction - It is wrong for a Court to find the issue of jurisdiction against the person and at the same time also enter the findings on merits of the case...........

ALLAHABAD HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 107 -- Remand - Exercise of power - Only where a fresh issue is required to be framed and a finding on it is necessary which cannot be recorded by the appellate Court for want of sufficient evidence...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Objection as to admissibility - If an objection as to admissibility is taken on the question of relevance, Court shall summarily deal with it in the light of the facts required to be established in the case - It need not be through an elaborate speaking order - However, if the matter requires a..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of co-owner of vendor - Specific performance suit - Exercise of power by Court - Held, other co-owner, who is sought to be impleaded as additional defendant, can be impleaded as a proper party and the issue can be examined whether plaintiff is entitled to specific performance of agreement in respect of share..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 14, Rule 5(2) -- Striking off issue - Power of Court - Held, U.O.14.R.5(2) of CPC, the Court may before passing a decree strike off that issue which appears to be wrongly framed...........

KARNATAKA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of party in appeal - Specific performance of contract - Specific issue framed with regard to necessary party having not been impleaded - Suit dismissed on that ground - Plaintiff sought impleadment of party in appeal - Held, since trial of suit is complete, consequence of addition would involve a de novo trial,..........

ALLAHABAD HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - An issue of law may be tried as a preliminary issue provided it relates to the jurisdiction of Court or to a bar to the suit created by law for the time being in force - It is discretion of Court to try an issue as preliminary issue or not - Court is not duty bound to decide any issue as preliminary issue...........

Showing : 641-650 of 1323 Results