Showing : 4401-4410 of 20115 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Examination of defendants and son of late marginal witness of Will - Delay in filing application - Marginal witness of Will in question died - It is necessary to examine son of marginal witness who could depose about signatures of his late father - Application cannot be..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Delay - Not a ground to refuse amendment if amendment is sought prior to commencement of trial...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for injunction - Sought to be converted into a suit for declaration of title and recovery of possession - Amendment sought in view of denial of title and due to alleged encroachment by defendants in violation of temporary injunction - By allowing amendment nature of suit..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11- - Res judicata - Dismissal of proceedings by an authority not on merits but on account of some formal defect would not attract the principles of res judicata...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 9, Rule 13-- Constructive res judicata - Application U.O.9.R.13 CPC - Earlier two applications U.O.9.R.13 CPC were not entertained on merits on account of failure to comply with the mandate of S.17 of Provincial Small Cause Courts Act - In absence of any adjudication on merits, rejection of earlier two..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary party - Suit for partition - It is only the co-sharers and not co-occupiers who are necessary parties - Co-occupiers are not necessary parties and for their absence, suit cannot be dismissed...........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 5-- Counter claim - Non-filing of written statement to the counter claim - Facts in counter claim deeded to be admitted in view of O.8.R.5 CPC - Facts admitted need not be proved...........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Suit for permanent injunction by tenant restraining landlord from evicting him without following due process of law - Defendant can advance a counter claim with the relief of eviction, arrears, house rent and damage - In view of admitted relationship, such a counter claim can never..........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Transfer of Property Act, 1882, Section 106-- Counter claim - Averments made in counter claim regarding termination of tenancy themselves constitute notice as mandated u/s 106 of T.P.Act which matures upon expiry of 15 days from the date of its service upon tenant or his counsel and its prematurity has not been raised and disposed of within..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Withdrawing an admission cannot be permitted...........

Showing : 4401-4410 of 20115 Results