Showing : 2021-2030 of 2735 Results

SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 8, Rule 6-A-- Counter claim - Belated counter claim - Refusal by Court to entertain - Defendant in spite of counter claim having been refused to be entertained is at liberty to file his own suit based on the cause of action for counter-claim...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 8, Rule 10-- Written statement - Failure to file - In absence of denial of plaint averments burden of proof on the plaintiff is very heavy - Prima facie proof of relevant facts constituting cause of action would suffice and Court would grant plaintiff such relief as to which he may in law be found entitled...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 9, Rule 6, Civil Procedure Code, 1908, Order 8, Rule 10-- Ex parte suit proceedings - Neither issues nor judgment on every issue is required - However trial Court to frame `points for determination' and to decide points one by one - Merely because defendant is absent Court shall not admit evidence the admissibility whereof is excluded by law nor permit..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115-- As amended - Revision - No revision lies against interim order - Revision is maintainable only if order has given finality to suit or other proceeding...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115-- As amended - Revision - Shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115-- As amended - Revision - S.115 is a source of power for High Court to supervise subordinate Courts - Scope for making revision under S.115 is not linked with right of appeal...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 100-- Application U.O.21.Rr.99 & 100 - Requirement for consideration of application is whether applicant claimed a right independent of the judgment debtor or not - A person claiming through or under J.D. may be dispossessed in execution of a decree passed against J.D. but not when he is in possession..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 17, Rule 2-- Expln. - Court can exercise jurisdiction under Expln. to Rule 2 of Order 17 CPC only when evidence on record is sufficient to substantiate the absentee party's stand and for disposal of the suit - It is also imperative for the Court to record its satisfaction in that perspective - If the evidence..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 13-- Order of Court 'No representation for the defendants hence suit decreed with costs...' - This is an exparte adjudication and not a decision on merits - There is no indication as to what evidence was evaluated and/or whether the merits were tested - Application U.O.9.R.13 CPC allowed - Order..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Civil Procedure Code, 1908, Order 9, Rule 13-- Provision of O.9.R.13 CPC does not apply to a suit filed under Order 37 as O.37.R.4 CPC specifically provides for setting aside decree...........

Showing : 2021-2030 of 2735 Results