Showing : 1021-1030 of 16769 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Case fixed for defendant's evidence - Amendment sought to incorporate certain words which were inadvertently omitted - Delay in filing application for amendment cannot be ground for rejection of same, as no prejudice is going to be caused to plaintiff, particularly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar U.O.2.R.2 CPC - Before a finding on O.2.R.2 CPC is given, it is necessary to examine that whether earlier suit was on the same cause of action or not - Moreover, since defendants did not claim any issue on O.2.R.2 CPC, suit held, not barred U.O.2.R.2 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Deficiency of Court fee - Recovery suit - Deficiency to the tune of Rs.40 was pointed out for which an opportunity was required to be given to plaintiff for making good the same, before rejecting plaint - Moreover, impugned order passed in the absence of plaintiff for which..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - No amendment should be allowed to put plaintiff to retrievably prejudice for being denied with opportunity of extracting the admission already made by defendants...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Eviction suit - Ownership of plaintiff admitted by defendants in their written statement - Amendment sought to introduce a new plea that suit property was wrongly recorded in the name of plaintiff, which is contrary to the admission made in written statement -..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Restoration of suit - O.7.R.13 CPC though provides for an opportunity to plaintiff to file a fresh suit, however, it may not tantamount to an absolute bar in filing an application for restoration of suit as no such prohibition is prescribed U.O.7 CPC and unless there is an..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(f), 13-- Restoration of plaint - Rejection of plaint U.O.7.R.11(f) CPC - There is no prohibition U.O.7.R.13 CPC that plaintiff can file only fresh suit and cannot seek restoration of plaint - Moreover, restoration application is totally silent about invoking any provision under CPC - Exercise of..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Abatement of appeal - Non-substitution of LRs - Death of sole plaintiff - Application for substitution of LRs of deceased plaintiff filed belatedly on account of ill-advice of counsel - Liberal approach has to be adopted by trial Court while considering application - However, Court rejected..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Relief - Only that relief can be granted which is claimed by plaintiff in the plaint - Such relief can be granted only on the pleadings but not beyond it - In other words, Courts cannot travel beyond the pleadings for granting any relief...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action not defined in CPC - It means right to sue and consists of material facts which are imperative for plaintiff to allege and prove in order to succeed in suit...........

Showing : 1021-1030 of 16769 Results