Showing : 181-190 of 710 Results

HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Rejoinder - It is a counter to the pleading raised in the written statement of the defendants - It is nothing but in the form of a written statement to answer the positive and independent claim made by the defendants in their written statement...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Rejoinder - Can be permitted to explain the additional facts raised in the written statement...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 17, 19-- Restoration of appeal dismissed in default - Once the main case is restored to file by setting aside the order of dismissal, interlocutory applications, interim orders passed therein, which were in force at the time of dismissal of appeal, are automatically restored even in the absence of specific..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Suit for declaration claiming right by way of easement - Dispute as to existence of passage in question - Record regarding said passage silent - Appointment of survey Commissioner is thus necessary for ascertainment of existence of said passage - Order for appointment of..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration application - Condonation of delay - Previous conduct of parties or previous adjournments granted by Court finding sufficient cause are irrelevant consideration for deciding restoration application - Rejection of application on irrelevant consideration - Impugned order set aside -..........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Suit for declaration & injunction - Identities of plots in question are not in dispute - Suit property was already demarcated by Tehsildar in presence of both the parties - Moreover, both the parties claimed their right, title and interest over different plots - Application..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication - Non-filing of - In the absence of denial of specific pleadings made in written statement, same are deemed to be admitted...........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed for default - An advocate can file restoration petition though vakalatnama does not expressly authorise him to file an application for restoration, if Court is satisfied that there was no express prohibition in doing so, it has to assume that counsel had implied..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication - Reapplication is always part of pleadings - Trial Court allowed filing of replication keeping in view the averments made in written statement - Order upheld...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary party - Cancellation of plot allotment in favour of subsequent purchaser without impleading him as a party defendant in suit despite knowledge about subsequent sale at the time of filing of suit - Non-joinder of subsequent purchaser, who is necessary party is fatal to case..........

Showing : 181-190 of 710 Results