Showing : 191-200 of 522 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Partition suit - Additional prayer for declaration flowing from facts and averments already made in the original plaint and subsequent events happened between parties - Proposed amendment is necessary to determine the real controversy between parties as merits of case is not..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11-- Rejection of plaint - Jurisdiction of civil Court - Suit for declaration of sale deed as null and void - Where some reliefs claimed were relating to revenue entries, suit is not triable by Revenue Court - Civil Court would have jurisdiction to adjudicate the matter - Suit, held, maintainable..........
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..........
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..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration - Plaintiff despite claiming declaration, has not sought any relief for cancellation of sale deed - In the absence of relief of cancellation of said sale deed, suit itself is not maintainable as relief of declaration..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration - Amendment sought for introducing entirely different case by alleging that plaintiff is in possession of suit property though in original plaint, said fact was not pleaded - By way of amendment, plaintiff seeks to withdraw admission already made -..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Limitation - Suit for declaration - Suit property was transferred to predecessor in interest of defendants in the year 1962 - Said fact is in the knowledge of plaintiff - Cause of action not being a re-occurring event and right to sue having occurred immediately at that time..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate a case of fraud and consequential prayer for declaration to nullify the sale of suit property by defendant No.1 to defendant No.2 - However, on the date of institution of suit plaintiff was aware that suit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought to challenge Will set up by defendant - Proposed amendment would not change nature of suit, as suit is filed for declaration challenging validity of gift deed set up by defendant and now proposed amendment is against set up of Will - Parties to the lis are..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(iv)(b)(c)-- Rejection of plaint - Failure to pay ad valorem Court fee - Suit for declaration and claim of joint possession of suit property - Plaintiffs only seek declaration of their share with claim of joint possession of suit land to the extent of their share - Neither plaintiffs sought cancellation of..........

Showing : 191-200 of 522 Results