Showing : 901-910 of 16769 Results

JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for declaration of title - Impleadment of vendor of property to plaintiff - Vendor having no substantial interest in suit and no relief in the suit has been sought against her - She is neither a necessary party nor a proper party in suit - Since vendor has no longer..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 20, Rule 12-- Mesne profits - No fresh tenancy came into existence merely because plaintiff continued to accept admitted rent, after termination of tenancy, till filing of suit - Rather, plaintiff is entitled to mesne profit/damage/charges for use and occupation of suit premises from defendant till the suit..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration of title, partition and separate possession - Suit property is ancestral property in which plaintiff is claiming half share - Defendant prayed for rejection of plaint on the ground that plaint discloses no cause of action in favour of plaintiff, as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Suit for declaration - Plaintiff claiming herself of unsound mind and seeking appointment of legal guardian - Plaintiff died before decision of application - Application by L.R's for impleadment - Court has no jurisdiction to entertain suit on behalf of a dead person - Plaint returned being not..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 39(4)-- Execution - Transfer of decree - Property of JD situated outside jurisdiction of Court which passed decree - Execution petition transferred to competent Court situated in U.P for further proceedings - Court deems it appropriate to issue a transfer certificate in favour of DH transferring the..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Marking of document - Marking of document involves two aspects, one is procedural and the other is substantial - Procedural aspects relate to nature of document primary or secondary and once marked without objection on the procedural aspects, later it is not left open - As regards substantial..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Set aside subject to payment of costs - Costs accepted without protest and no right reserved - Plaintiff is debarred from challenging the order setting aside ex parte decree...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of issues - Issues are to be framed on the basis of assertions made by parties in the pleadings - The issues have to reflect the application of mind and the controversy involved in the suit - More so, issues are never framed placing negative onus on the party - Whichever party is asserting..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Necessary and proper party - A `necessary party' is a person who ought to have been joined as a party and in whose absence no effective decree could be passed by Court - If a necessary party is not impleaded, suit itself is liable to be dismissed - Proper party on the..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - If a person is not a `proper party' or a `necessary party', Court has no jurisdiction to implead such person, invoking its powers U.O.1.R.10(2) of the Code...........

Showing : 901-910 of 16769 Results