Showing : 31-40 of 455 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - In earlier suit issue of title adjudicated as part of the issues struck in a suit for grant of decree of possession - Same binds parties and subsequent suit does not lie for declaration of title...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh suit - Suit for injunction - Affidavit filed by plaintiff discloses that formal defect in suit is unworkable prayer and sufficient grounds are shown that plaintiff purchased the property from defendant - There is thus, necessity for seeking..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Admissibility of documents - Suit for declaration, confirmation of possession and for permanent prohibitory injunction - Defendants not even raise a little finger when sale deeds in favour of plaintiffs and prior owners being exhibited - No objection was raised by defendants while certified copies..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 3, Rule 1, 2-- Suit for declaration - General Power of Attorney Holder (GPA Holder) - Defendant contended that GPA Holder of plaintiff had no personal knowledge of material facts - However, GPA Holder who deposed as PW1 has personal knowledge of material facts of the case - Moreover, this contention is loosely..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for declaration of easementary rights and injunction - Proposed defendant is the joint owner of adjoining land in question - Without his impleadment proper and final adjudication in regard to easementary rights arising out of property in question cannot be made -..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Suit for declaration of title and recovery of possession - Certified copy of gift deed sought to be produced by way of additional evidence by defendants - No material on record that gift deed was handed over to counsel for defendants - Attributing..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Objection by JD - Execution - Decree for declaration, permanent and mandatory injunction - JD failed to lead any evidence before trial Court when proceedings were undertaken in suit filed by plaintiffs - He cannot be permitted to raise objection on merits of decree before executing Court, as said..........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 21-- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Once the applicants were aware of pendency of matter and were represented by a counsel, applicants cannot be held did not have notice or they were prevented by sufficient cause from appearing - Application..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration and permanent injunction - Cause of action - Even made out from the averments made by defendant in application for rejection of plaint - Order rejecting plaint, set aside...........

Showing : 31-40 of 455 Results