Showing : 551-560 of 17300 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 17, Rule 2, 3-- Examination of plaintiff's witnesses - At the stage of evidence of defendant - Suit for injunction - Application moved by plaintiff to bring in his evidence two other witnesses who were neither in his list of witnesses nor they were produced before trial Court - 16 years had already lapsed from..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction - Co-sharer in joint possession in normal circumstances cannot seek injunction against other co-sharer - Even if, a co-sharer is in exclusive possession, other co-sharer, who is in possession of property cannot use property to detrimental to other co-sharers so as to render property..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 20, Rule 18, Succession Act, 1925, Section 27(c)-- Partition suit - Grandfather of plaintiff and defendant executed Will by giving absolute right in suit property to defendant - Plea that father executed settlement deed in favour of his wife so that both plaintiff and defendant should enjoy suit property equally - Admittedly, father had only life..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction - Co-sharer - Agricultural land - Defendant intended to construct - Proposed construction would change nature of agricultural land to gair mumkin land - Even if same ultimately comes to share of plaintiff after partition by that time, land would have been converted into gair mumkin and..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 20, Rule 18, Registration Act, 1908, Section 17-- Suit for partition - Will in favour of defendant - Plaintiff claimed partition on basis of agreement for dividing suit property - Agreement was unregistered and not acted upon by parties - Agreement cannot confer right over property to claim partition...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 137-- Ex parte order - Setting aside - Limitation - No limitation is prescribed for filing application to set aside ex parte order - In such a case it is Article 137 applies which prescribes period of limitation of three years when the right to apply accrues...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Once plaintiffs led evidence on issue, onus of which was upon plaintiffs and same is disproved by defendants, then plaintiffs cannot lead other evidence to impeach credit of fact which is already disproved by defendants...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d)-- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Can be allowed only when production of evidence is not previously known or cannot be produced despite due diligence by plaintiffs...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Once fact already disproved by defendants and same is not question of fact in suit, prayer for additional evidence cannot be considered, as it does not fall within the purview of additional evidence...........

Showing : 551-560 of 17300 Results