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Results of civil procedure code 2

Showing : 591-600 of 2799 Results

UTTARAKHAND HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Validity - Trial Court dismissed application for temporary injunction moved by plaintiffs and allowed application for temporary injunction moved by defendants against plaintiff - Plaintiff was real original allottee of land out of which disputed part of land said to have been come into..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 96, 2(2) -- Sale deed challenged - Failure of plaintiff to pay ad valorem court fee as per court direction - Rejection of plaint - Comes within definition of decree as defined in S.2(2) CPC - It is appeal and not revision which lies - Petition dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner - Restraining raising any further construction - Plaintiff not in possession of property - However, defendant restrained from raising further construction on suit property which is the only vacant piece of land in the entire bigger chunk of land - If defendants are restrained from raising..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2013
Details

Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 11, Order 23, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2 -- Res judicata - Applicability - Writ petition - Person invoking writ jurisdiction himself admitted that he had earlier filed suit which was withdrawn - Invoking writ jurisdiction of Court for same cause of action - Held, barred..........

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issue of limitation - Issue framed as : Whether suit is not within limitation - Issue improperly framed - Issue ought to be framed whether suit is within limitation - Burden to prove same lies on plaintiff and not on defendant - Direction given to frame issue in correct form...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Construction raised by plaintiff or his predecessor existing in the suit property - Depicts plaintiff in prima facie long established possession - Plaintiff cannot be dispossessed therefrom in execution of partition decree - However, in execution thereof he may take symbolic possession if the same..........

CALCUTTA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of temporary injunction - Validity - Restraining defendant No.1 i.e. Registrar of Trade Union from giving effect to resolution passed by him dissolving Workers Union and other consequential reliefs - Main grievance of plaintiff/Union is against defendant No.4 i.e. President of Union and other Office Bearers i.e...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Relevant consideration for grant of temporary injunction is prima facie case as to possession - At the interlocutory stage, trial Court has to depend mostly upon the documentary evidence...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 18, Rule 2 -- Examination of witnesses - Denial of - Validity - Prayer for tendering affidavits of witnesses declined - Trial Court granted last opportunity to examine remaining evidence - Defendant No.2 literally tried to exhaust plaintiff by cross-examining her attorney PW1 in parts and on a number of occasions - PWs.5 and 6 tendered..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief in appeal - Grant of - Held, when there is a judgment of trial court dismissing plaintiff's suit on certain admission and documents filed that discredited plea of exclusive allotment of suit property to her, plaintiff/appellant had no right to seek for interim relief in appellate Court - Interim prayer..........

Showing : 591-600 of 2799 Results