Showing : 321-330 of 736 Results

MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit dismissed in default - Subsequent suit - Trial Court, instead of framing an issue citing O.9.R.9 of CPC, cited only the plea of res-judicata - Appellate Court held that subsequent suit was barred U.O.9.R.9 of CPC - Proprietary of - Held, appellate Court, being last Court of fact, was..........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Order passed in partition suit where by a Pleader Commissioner was appointed for Takhta Bandi - Material on record indicated that trial decree had already been passed on basis of preliminary decree after getting report of Pleader Commissioner - Plea of petitioner that he was..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 17, Rule 2-- Dismissal of suit for default - Second suit on same cause - Bar as to - Plea that suit was barred U.O.9.R.9 CPC raised in second appeal - Contention of plaintiff that suit was dismissed for non appearance of both parties - Held, question whether suit was dismissed due to default of both sides or..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Declaration of title - Suit for - Service of notice - 50 defendants - Only defendant No.1 to 3 are contesting - Notice was served upon them by commissioner before holding investigation - Held, in consideration of the number of defendants in suit, it is not possible for commissioner to serve..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Eviction suit on grounds of bonafide necessity dismissed in default - Application for restoration of suit also dismissed in default - Held, cause of eviction on ground of bonafide necessity being recurring, provision of O.9.R.9 CPC has no applicability - Landlord can file fresh suit for eviction..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Once a fresh survey report is called for and comes into existence, the same alone is to be considered as part of the evidence and not the earlier reports which stood superseded or discarded...........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9-- Substitution of legal heirs - Suit for partition - Mother and brother of appellants arrayed as co-defendants as they also claimed their share - Suit decreed and preliminary decree passed holding that mother and brother of appellant have no right title and interest in suit properly - Final decree..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Delay - Application cannot be dismissed merely on the ground of delay but a party can be burdened with costs of Commission irrespective of the result of suit - A Local Commissioner is to be appointed for the purpose of elucidating any matter in dispute - Appointment of Local..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Commissioner - Local investigation - Legality - Evidence closed - Written arguments filed - Judgment reserved - There is not a whisper in the application as to why such application was not made at an earlier stage of the suit - Held, this ground was sufficient in itself to reject..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Not examined as a witness - There is no impediment from relying upon the report of Local Commissioner as it is part and parcel of the Court file and relevant and admissible piece of evidence...........

Showing : 321-330 of 736 Results