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Results of civil procedure code issue

Showing : 81-90 of 1386 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution proceedings - Once judgment and decree passed in favour of predecessor-i, interest of DH has attained finality, execution of same cannot be stayed simply because another civil suit stands filed now by JDs for declaration and injunction against DH, that too same issue agitated which issue already stands..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appeal - Appellate Court was aware about seven issues those were framed by trial Court and then went on to pick up each issue which was framed by trial Court for discussion - Such exercise is not contemplated U.O.41.R.31 CPC - First Appellate Court should apply its own mind and frame those points for determination..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for declaration of ownership and perpetual injunction - Gram Panchayat chose not to defend the matter even after filing application U.O.7.R.11 CPC - It was only after fresh elections new Gram Panchayat moved application U.O.9.R.13 CPC - Issue of delay in filing application in such..........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for partition of ancestral property was filed by sister of plaintiff against plaintiff and their father - Sister of plaintiff got equal share in said suit - Said findings attained finality being not challenged - Argument that said property is self acquired property is not sustainable when the issue is..........

JHARKHAND HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Previous suit is a declaratory suit while subsequent suit is of recovery of possession - No such issue has been framed with previous suit regarding recovery of possession since there was no prayer to that effect in previous suit - Relief in both the suits are not identical - Basic ingredient of..........

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Where question of possession is in dispute, then trial Court must frame a issue with regard to maintainability of suit in absence of consequential relief of possession...........

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Issue with regard to maintainability of suit in absence of consequential relief of possession - Question of possession is in dispute - However, said issue cannot be raised first time before Appellate Court, but it should be raised at earliest because if so required, plaintiffs can amend plaint -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on the plaintiff himself - As plaintiff did not lead any evidence in affirmative much less any Handwriting and Fingerprint Expert to prove the Will to be forged, nor any right was reserved to lead..........

PATNA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 11 - - Constructive res-judicata - Earlier suit for declaration of title and subsequent suit for possession - Earlier suit was between same parties for same property - Even, issue involved in subsequent suit is directly and substantially involved in earlier - Moreover, only on guise of forceful dispossession by plaintiff, it cannot be..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Suit for specific performance - Petitioner resisted delivery of possession in pursuant of sale deed obtained by DHs in suit on the ground that defendants had no title in suit property - Executing Court decided the issue in favour of petitioner, and returned finding that father of..........

Showing : 81-90 of 1386 Results