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Showing : 731-740 of 26909 Results

BOMBAY HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Theory of dominus litis cannot be overstretched in the matter of impleading of parties which results ineffective decrees being passed in absence of necessary parties or where theory is misused to deliberately obtain decrees against non-interested persons/officials and then use it to assert rights of..........

BOMBAY HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Injunction suit - Impleadment of persons related to trust need to be added as parties to suit in order to determine real interest of plaintiff as per findings of trial Court - Their presence is must to decide relief claimed by plaintiff in suit properties - Even, otherwise, it is discretion of Court..........

BOMBAY HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Merely because plaintiff does not choose to implead a person is not sufficient for rejection of an application for being impleaded...........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Report of earlier commissioner appointed does not reveal status of construction raised by defendants - It was thus, in the interest of justice to appoint another commissioner - Application rightly allowed...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cancellation of sale deed on ground of fraud and misrepresentation - Suit filed after a period of 10 years from the date of execution of registered sale deed - Nothing has been mentioned on which date and how plaintiff had the knowledge that document was obtained by fraud and/or misrepresentation -..........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Suit for specific performance - Petitioners purchased the disputed land during pendency of suit proceedings that too when there was restraint order against defendant not to sell suit property - Moreover, no relief was claimed by plaintiff against petitioners - Petitioners being..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 21, Rule 50 -- Execution - Decree against Firm - O.21.R.50 CPC does not debar Executing Court from proceeding against share of a partner in another firm who is not JD...........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct the date of death of one person mentioned in plaint - Plaintiff specifically pleaded that by making amendment, neither nature of suit will be changed nor any prejudice will be caused to defendants - Evidence of parties have already been led and matter is posted for final..........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of Courts below that plaintiff miserably failed to prove his possession and ownership over plot in question and accordingly his suit is dismissed on merits - Findings of fact are based on appreciation and re-appreciation of evidence and do not suffer from any..........

KERALA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 8, Rule 1, Proviso -- Written statement - Time limit fixed as per O.8.R.1 Proviso CPC is only directory...........

Showing : 731-740 of 26909 Results