Showing : 1101-1110 of 18189 Results

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...........
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...........
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...........
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..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Issue of res judicata and limitation are required to be decided after evidence is led by parties - This is too early a stage or premature to reject plaint U.O.7.R.11(d) CPC on these grounds...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59-- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three years..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for..........

Showing : 1101-1110 of 18189 Results