Showing : 511-520 of 17124 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Held, Courts should be careful whenever a report of refusal is received and not to order service through local proclamation in a routine manner...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Declined - Order upheld by appellate Court - No perversity or illegality in the impugned order - Conclusions of Courts below that plaintiff constructed the shop in dispute contrary to the approved building plan sanctioned by the Nagar Palika, are based on findings of fact..........
JHARKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 9, Rule 7-- Death of defendant - Ex parte hearing against LRs of deceased defendant - LRs failed to file additional written statement - Suit cannot be set for ex parte hearing against such LRs, as they may choose to adopt written statement filed by original defendant...........
JHARKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte hearing - Setting aside - Death of defendant - Suit was set for ex parte hearing against LRs of deceased defendant, as they failed to file additional written statement - Though LRs have not taken steps in the matter, but they have offered plausible explanation for such default on their..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment a party - Applicant was purchaser of suit land - Patta of plaintiff was revoked on applicant's objection with a direction to get decided the issue of ownership from competent Court - Trial Court was of view that applicant was entitled to be impleaded to enable it effectually and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Exhibition of document - Mere exhibition of document do not dispense with its proof - Demarcation report, even if exhibited, same could not be taken into consideration for having not been proved...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 66-- Execution - Money decree - Conditional warrant of arrest - Sum involved is Rs.8,37,915 - Once property of JD is attached and order passed for filing application U.O.21.R.66 CPC, said procedure is to be followed to sell property and recover amount - Remedy of arrest and detention of JD is extra..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 19, Rule 2-- Affidavit - Cross-examination of deponent - Not necessary as petitioners right to object affidavit is secure and he can make his own affidavit...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Non filing of written statement within stipulated time - Condonation of delay - Provision of O.8.R.1 CPC though, procedural in nature and hand maid of justice - However, that does not mean that defendant has right to take as much time as he wants in filing written statement, without giving..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10-- Death of defendants - Substitution of assignees - Pre-suit assignment - Assignment occurred prior to institution of suit - Pre-suit assignment or creation or devolution of interest, does not attract provision of O.22.Rr.4, 10 CPC, particularly when assignees abandoned his befitting solitary locus..........

Showing : 511-520 of 17124 Results