Showing : 181-190 of 539 Results

BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration, permanent injunction and compensation - Matter already compromised between parties - Parties were already placed in possession of their respective allotments - Plaintiff seeking declaration in respect of mango trees standing in the land allotted to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for declaration - Property dispute - Claim over land by defendants/daughters of owner - Plaintiff claimed that father of plaintiff was Gaddi and belong to Scheduled Tribe community and according to custom daughters does not inherit property of their father - However, no..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for injunction - Sought to be converted into a suit for declaration of title and recovery of possession - Amendment sought in view of denial of title and due to alleged encroachment by defendants in violation of temporary injunction - By allowing amendment nature of suit..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Partition suit - During pendency of suit defendant sold the suit property by way of sale deed in favour of her husband - Amendment sought to add prayer for declaration that said sale deed is sham and nominal - Application for impleading husband of defendant as party to suit..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17-- Impleadment - Amendment of plaint - Suit for declaration on the basis of adverse possession - Suit is not maintainable - Claim can only be agitated by way of defence - Once suit itself is not maintainable then applications seeking impleadment and amendment automatically become redundant...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Where a competent Court in earlier suit of perpetual injunction gave a finding that a particular piece of land is a common passage, which having attained finality, said findings in the subsequent suit of declaration between same parties and regarding same subject matter is binding..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of Civil Court - Land acquisition proceedings - Suit seeking declaration for compensation in terms of Land Acquisition Act, is barred and not maintainable...........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Three suits for declaration filed in respect of same land - Two suits of respondents decreed and such decree attained finality as petitioner failed to prefer any appeal against the same - However, suit of petitioner dismissed and an appeal filed against the same - Since decree in..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a third party - Suit for declaration - Petitioners seeking impleadment on the basis of agreement of sale - Cause of action of petitioners falls outside the scope of suit as nature of suit will change if they are permitted to be impleaded in the suit - Petitioners are not at all..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Previous suit instituted for declaration of title and injunction - Subsequent suit for partition and separate possession - Causes of action in both the suits is entirely different and subject matter involved in both suit is also quite different - Both suits are neither between same..........

Showing : 181-190 of 539 Results