Showing : 441-450 of 17209 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - In absence of necessary party, order passed is nullity and does not have binding effect...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - Right of necessary party to contest suit does not depend upon mercy of contention taken by defendant that suit is bad for no, joinder of necessary party - Whether person is necessary party or not is question of fact depending upon relief claimed in suit - Failure of defendant to..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - Suit for declaration of status - Illegitimacy of child sought to be declared - Father filed suit to declare that he is not father of child - Child alone will be person affected by declaration if it is granted - Thus, child is necessary party to suit - Without child on party array..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 35, 35A-- Costs - Matter is posted for reporting compliance by High Court - Court imposed Rs.25,000 as Costs in order to make respondents wake up from slumber, as they are sleeping over the matter and not complying with the order of High Court...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents - Boundary dispute between two states - Topographical maps maintained in Head Office of Survey of India sought to be produced by way of present application - Documents thus, not in possession of applicant - Production of said documents by witness for Survey of India,..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand for de-novo trial - Suit for declaration regarding illegitimacy of child sought by father decreed without child array as party to suit - Re-trial of case is considered as trial is held and evidence including DNA profile report let without child being array as party - Child should not be..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Suit for cancellation of sale deed and permanent injunction - Amendment sought at the stage of defendant's cross-examination - Suit filed in 2008 - Defendant seeking amendment to incorporate the incident of 2016 in 2017 - He failed to explain inordinate delay of..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Restoration of possession - Malice in law - Trial Court passed temporary injunction order restraining State from disturbing peaceful possession of plaintiff over suit property but the same was set aside in appeal - State took undue advantage of Appellate order and barricaded suit property and also..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Merits of plea sought to be incorporated by way of amendment are not be adjudged at the stage of considering the merits of prayer for amendment...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Inconsistent and contradictory allegations in negation to the admitted position of facts or mutually destructive allegation of facts should not be allowed to be incorporated by means of amendment to pleadings...........

Showing : 441-450 of 17209 Results