Showing : 851-860 of 17124 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Fundamental test to attract S.10 CPC is whether on final decision being reached in the previous suit, such decision would operate as res judicata in the subsequent suit or not...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action whether disclosed or not in plaint - Hair-split technicalities should be avoided and intention of plaintiff should be gathered from tenor and terms of pleadings in totality...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Court Commissioner - Cannot be appointed for purpose of collection of evidence...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Non filing of title document along with suit - No ground to reject plaint - Same is not within purview of O.7.R.11 CPC - Document can be filed at a later stage by virtue of O.7.R.14 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, Court Fees Act, 1870, Section 6(2), 6(3)(As-- Amendment of plaint - Amendment sought to abandon part of claim and thereby reducing valuation of suit, after determining that the plaint is insufficiently stamped - Application is maintainable - Right to abandon a part of claim inheres in plaintiff and is recognized by O.23.R.1 of CPC and such..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - In the absence of pleadings of previous suit, having been brought on file, Court is not justified to conclude that subsequent suit is barred U.O.2.R.2 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 1-- Interrogatories - Application under O.11 R.1 CPC not to be dismissed on the ground that such questions can be asked to respondent at time of recording evidence or that plaintiff-petitioner has to stand on his own legs and prove his defence instead of putting burden on the shoulders of other party...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - It is essential for defendant to produce plaint filed in previous suit, before raising a plea that subsequent suit is not maintainable on account of bar created U.O.2.R.2 CPC - After examining plaint, Court would be in a position to record a finding that previous suit and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 1-- Interrogatories - When here are number of interrogatories, Court cannot dismiss application on the ground that some of the interrogatories are fishing in nature - In such case, Court has to categorically refer to interrogatories which were fishing in nature and reject the same while allowing..........

Showing : 851-860 of 17124 Results