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Results of civil procedure code issue

Showing : 71-80 of 1323 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Objections - Declaration of entitlement to remain in possession in character of lessees - U.O.21.R.97 CPC independent claim can be set up even prior to dispossession - Under O.21.R.101 CPC, all questions have to be adjudicated upon by Court dealing with application and not by a separate suit - Upon..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to jurisdiction of Court - Issue of jurisdiction was decided by trial Court and also by Appellate Court - Executing Court is not expected to decide the same issue again while executing the decree - Objection rightly rejected...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 26, Rule 10 -- Local commissioner - Report of Local Commissioner suffering from an irregularity i.e. want of following applicable instructions - Proper course for High Court is either to issue a fresh commission or to remand the matter for reconsideration - Entire suit cannot be dismissed for any irregularity on the part of Local..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Original Will could not be produced before trial Court, as same was in the custody of Tehsildar - Reasoning of trial Court proceeds mainly on the basis of original Will not being produced and therefore, signature of testator could not be compared or authenticated - Original Will was..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Res judicata - Trial Court rejected plaint without proper pleadings, framing of an issue of limitation and taking of evidence - Question of limitation and res judicata is mixed question of law and fact, which may require not only examination of plaint but also other evidence - More so,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand - Powers of appellate Court - Evidence of both the parties available on record - Only a legal issue pertaining to question whether suit is barred by limitation, remains undecided - Appellate Court directed to decide the issue of limitation itself being First Appellate Court, as evidence is already led - Order of..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution of decree sought by assignees - Application for issuing of notice to original DH - Notice was issued by Court to JD but not to original DH - JD filed their objections, but fact remains that execution application not decided yet in either way - Assignees preferred an application of issuance of notice to original DH..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Issuance of warrants - Property in question already attached - There is no reason to issue warrants of arrest by taking recourse to O.21.R.37 CPC...........

KARNATAKA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Res judicata - Principle of res judicata is a mixed question of law and fact which may require not only examination of plaint but also other evidence and order passed in earlier suit may be taken up either as a preliminary issue or at the final hearing - But said question cannot be determined..........

KARNATAKA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue relating to law in respect of jurisdiction of Court and bar of suit created by any law can be treated as preliminary issue and suit can be disposed of without recording evidence of parties...........

Showing : 71-80 of 1323 Results