Showing : 361-370 of 1169 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit - With liberty to file a fresh suit on same cause of action - Non-compliance of mandatory provision of S.80 CPC by plaintiff - Omission to issue notice u/s 80 CPC is a serious infirmity and not a formal defect as it is pre-requisite for filing suit against Government or a Public..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Whenever, mixed question of fact and law emerge and plaint does not appear to be barred by law of limitation, ex facie upon perusal of the plaint, the issue of limitation may be adjudicated with other issues at the time of final decision of the suit...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Sale deed challenged as null and void by non signatory - Question of fact arose as to when facts entitling plaintiff to file suit first accrued - Said disputed question can be decided after parties lead evidence - Issue of limitation can also be decided at..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment at appellate stage - Eviction petition on ground of bonafide necessity - Subsequent event that son of landlord joined service for whose necessity eviction was sought - Plea of landlord that joining of service by son is merely a temporary stop gap arrangement and is..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Plaintiff claims a right of pre-emption consequent upon registration of sale deeds in favour of applicant by other defendants in suit - Whether plaintiff would succeed on such a cause of action is too early to predict and such issue should stand to trial -..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Plea of fraud - Decree alleged to be obtained by fraud - Once plea of fraud has been set up by defendant before Executing Court and credible evidence in support of such plea was also placed, it was incumbent upon the Executing Court to have examined the issue of fraud, on..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession and recovery of damages - Regarding recovery of damages this question has not been decided either in earlier suit for partition or in this suit - Decreeing entire suit on the basis of ownership of plaintiff already decided in earlier suit, decree for..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession and recovery of damages - Question of ownership is already decided in favour of plaintiff in earlier suit filed by defendant - Said issue need not to be decided afresh - On the basis of ownership decided in favour of plaintiff in earlier suit, present..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Limitation - If on the fact of it suit is barred by limitation, Court can exercise its discretion to reject the plaint unless Court finds that issue of limitation is to be determined after trial in doubtful matter where such issue needs a trial...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Pecuniary jurisdiction of Court - Can be decided as preliminary issue after recording evidence of parties - Plaint cannot be rejected on this ground - Application rightly dismissed...........

Showing : 361-370 of 1169 Results