Showing : 1101-1110 of 19681 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Once fact already disproved by defendants and same is not question of fact in suit, prayer for additional evidence cannot be considered, as it does not fall within the purview of additional evidence...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- Judgment of Appellate Court - Order of Appellate Court shall be in writing and shall state the point of determination, decision thereon, reasons for such decision and relief to which appellant is entitled to in case decree appealed from is varied or reversed...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- First appeal - Finding of fact recorded by trial Court not reversed while allowing appeal - Judgment of Appellate Court is in violation of provisions of O.41.R.31 CPC which mandates that Appellate Court shall frame points of determination, its decision and thereon and reasons for the decision -..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Exhibition of photocopy of documents - Permissibility - Original documents sent by Trial Court to Collector for impounding, which were not received back - Photocopy of documents cannot be permitted to be exhibited and rightly not treated such documents as secondary evidence, as it is for Court..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Execution - Redemption of mortgage - Final decree proceedings - Petitioners contended that execution petition is not maintainable, as same is filed for relief of demolition of constructions of building found in suit property when no such prayer was made in preliminary and final decree proceedings..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Plea of adverse possession by way of amendment is not permissible, as it is mutually inconsistent with original plea of title set up by defendant in her written statement by way of purchase of suit property - Application rightly dismissed...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Yardstick for considering amendment petition filed after commencement of trial is not only whether a separate suit on same facts and for same relief is not time barred but also whether petitioner could show plausible cause that in spite of due diligence he could not raise..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 15-- Suit filed by person of unsound mind through his next friend - Enquiry as to unsoundness of mind - Court not required to hold enquiry before permitting plaintiff to proceed with trial of case - Moreover, such enquiry relates to defendant and not plaintiff...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100, Order 26, Rule 9-- Second appeal - Report of local commissioner - Re-appreciation - Not permissible unless report is perverse or against preliminary decree...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100, Order 6, Rule 1-- Second appeal - New plea - Not permissible - As second appellate Court being required to delve into the issue of substantial questions of law is not required to entertain fresh plea of facts which was not agitated before Courts below...........

Showing : 1101-1110 of 19681 Results