Showing : 401-410 of 790 Results

KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 26, Rule 9, 10(3)-- Second commission - If report of previous Commission is found unacceptable then without setting it aside, a second commission cannot be appointed - However when earlier report suffers from some deficiency which could be supplied by further enquiry then Court can direct same Commissioner or appoint..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication - Can be filed only with leave of the Court - For obtaining leave of Court filing of an application is not a must - Leave can also be obtained orally...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement - Condonation of delay - Such applications should be considered liberally - Court to take a more liberal attitude in the matter of condonation of delay in filing such an application...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement - Setting aside - Principles governing - (i) The words 'sufficient cause for not making the application within the period of limitation' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement - Setting aside - Sufficient cause - Long delay of seven years - Parties were neighbours and co-sharers - Respective dates of death were known - Not believable that petitioner was not in touch with his counsel from 1999 to 2006 - Ignorance of legal consequence without something more is..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5, Article 121-- Death of two respondents during pendency of appeal - Delay of 2381 and 2601 days in bringing L.R's on record - Appellants were neighbours and co-sharers - Date of death was known to them - Held, ignorance of legal consequences not sufficient to condone such a huge delay...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Appeal - Abatement for not bringing on record L.R's of deceased respondent - Setting aside abatement - Condonation of delay - Different considerations arise for a suit and an appeal - Such an application should be considered liberally...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 41, Rule 1, 9-- Appeal - Whenever an appeal is filed, office concerned submits a report with regard to limitation, sufficiency of Court fee and filing of caveat - Unless those reports are obtained file is not presented before Court - In case file is presented to Court by mistake then it is duty of Court to ensure..........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Court can appoint Local Commissioner even before the written statement is filed by the defendant...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication - Plea raised for the first time in replication - Not permissible...........

Showing : 401-410 of 790 Results