Showing : 471-480 of 16931 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Plaintiffs failed to place on record revenue record depicting their possession over suit property - Defendants on other hand purchased tenancy rights vide sale deed and possession of property handed over to them - No prima facie case or balance of inconvenience in favour of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Suit for partial partition dismissed - Subsequent suit seeking separate possession by way of partition - Not barred by res-judicata or O.2.R.2 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of party - Proceedings u/s 47-A of Stamp Act - Petitioner impleaded in lis after expiry of statutory period of 4 years as provided u/s 47-A(3) of Stamp Act - No case can be brought against petitioner as per S.47-A(3) of the Act - Impleadment wrongly allowed, as impleadment cannot be..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Temporary injunction - Granted against defendant trust not to interfere with plaintiff's right of seva puja of deities - Order set aside in appeal - Admittedly, plaintiff trust was registered with due process - Right of seva puja was conferred on trust - Possession of trust established on record..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 12(2)-- Second opinion of expert/CFSL on signatures of Will in dispute - Permissibility - Ordinarily at the stage of evidence of plaintiff, Will in question should not be sent for second opinion on request of defendants, as defendants can lead evidence at the stage of defendant's evidence to rebut the..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for possession - Defendant is in possession of suit property since the time of his forefathers - Finding recorded by learned Courts below being finding of facts require no interference - No substantial question of law involved - Second appeal dismissed...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Impleadment cannot be done of a person by which he will become party to litigation which can never be proceeded against him...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 5-- Additional issues - Court not to dismiss application unless it holds that relief claimed is covered under a specific issue or issues to be raised are not required to be adjudicated - Impugned order dismissing application set aside and matter remitted for decision afresh...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Restoration application - Stamp proceedings - Proceedings heard in absence of petitioner - Petitioner had not put in appearance and only by presuming service of notice Additional Collector proceeded with the matter - Even recall application filed by petitioner dismissed without giving any finding..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a)-- Withdrawal of suit - Formal defect - Expression `formal defect' means a defect of form and not a defect on merits of case...........

Showing : 471-480 of 16931 Results