Showing : 181-190 of 446 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 15A-- Suit for declaration - Application by defendant for direction to plaintiff to deposit rent - It is landlord of a building, in a suit filed by him for recovery of possession, can file an application for deposit of rents by defendant/tenant, pending suit - There is no provision in CPC which enables..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary party - Suit for declaration and recovery of possession - When defendant No.5 who purchased property from plaintiff, has not made a party to suit, no decree can be passed against defendant No.5 directing her to deliver possession to plaintiff as suit is bad for no, joinder..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration without seeking relief of possession - Defendant in possession of some of the portion of suit property - Suit barred by S.34 of Specific Relief Act - Suit rightly rejected - However, it is open for plaintiff to file fresh suit as provided U.O.7.R.13 CPC...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 20, Rule 12-- Mesne Profits - As a general rule the decision on issue of future mesne profits will not be made in suit filed for declaration of title and recovery of possession...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58-- Rejection of plaint - Suit for declaration that plaintiff is owner of suit property and for cancellation of sale deed executed by defendant Nos.2 to 4 in favour of defendant No.1 - Plaintiff himself is claiming declaration by pleading that cause of action accrued to him for the first time in..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Relief of declaration sought to be substituted by relief of specific performance of an oral agreement to sell - There is a clear contradiction in the original case set up and the proposed case now being sought to be set up - Proposed amendment cannot be allowed as it changes..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Validity - Wife and her son, residing in flat which belonged to her husband, filed suit for decree of declaration that her husband had no right to obstruct user of flat - Later on, pursuant to direction of High Court possession of said flat handed over to husband and wife got..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Validity - Wife and her son, residing in flat which belonged to her husband, filed suit for decree of declaration that her husband had no right to obstruct user of flat - Later on, pursuant to direction of High Court possession of said flat handed over to husband and wife got..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Suit for declaration of title and recovery of possession - High Court upheld title but failed to decide other reliefs - Matter remitted to trial Court for fresh adjudication with regard to reliefs of recovery of possession and permanent injunction only...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit seeking declaration that sale deed and unregistered power of attorney is null and void - Rejection of plaint sought on the ground that earlier suit filed by plaintiff seeking declaration of his Khatedari rights was dismissed by Revenue Court and therefore suit of..........

Showing : 181-190 of 446 Results