Showing : 1461-1470 of 17300 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint as a whole alone can be rejected - It is O.6.R.16 CPC which applies when a portion of plaint is to be struck out...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Bar to fresh suit - Earlier suit was withdrawn on account of developments which were beyond the control of plaintiff - Cause of action to file the present suit arose in favour of plaintiff after service of notice - Held, suit is not barred U.O.23 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Earlier suit for possession dismissed as plaintiffs were not able to prove the termination of tenancy before filing the said suit - Although plaintiffs asserted that notice had been sent but service of notice on tenant was not proved - Subsequent suit for possession is not barred on..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - To seek relief of specific performance by way of counter claim on the basis of agreement to sell - Agreement to sell in favour of defendant executed by original owner in 1983 - Amendment sought in 2015, when defendant came to know about the death of original owner..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 10A(2)-- Lack of territorial jurisdiction - Return of plaint - Plaintiff not specified the Court where they propose to present plaint on its return - Order of return of plaint could not have served any purpose - Dismissal of suit, held, proper...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 10A(2)-- Lack of territorial jurisdiction - Return of plaint - O.7.R.10-A(2) CPC, oblige the plaintiff to make an application to Court specifying the Court in which he proposes to present the plaint after its return...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Absence of pleadings - Bona fide purchasers - Suit for specific performance - Defendant Nos. 2 and 3 neither pleaded that they are bona fide purchasers nor they have led any evidence in this regard - Since there was no pleadings, therefore, no issue was framed by trial Court on this aspect -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh suit on the same cause of action - Not permissible on the basis of plea in written statement which can be rebutted by plaintiff in replication...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh suit on the same cause of action - Purpose of O.23.R.1(3) is not to allow parties to fill up lacuna - Formal defect and sufficient cause have to be culled out from the averments which are so made by applicant in an application filed under the said..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Guardians and Wards Act, 1890, Section 9, 25, Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Territorial jurisdiction - Custody of minor - Child ordinarily residing with mother at Chandigarh when he was removed by father to Kalka - Therefore, Chandigarh Court has jurisdiction - Even otherwise, Chandigarh and Panchkula are adjoining cities - There is hardly distance of..........

Showing : 1461-1470 of 17300 Results