Showing : 251-260 of 455 Results

PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Applicability - In earlier suit, dispute was only regarding obstruction by making construction of wall by defendant on the drain - Parties were not fighting with regard to their title and possession with respect to any property - Nor there is any finding nor any issue was framed in..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 10, 151-- Stay of subsequent suit - Suit for declaration and setting aside sale and permanent injunction - Subsequent suit for possession, mesne profits and injunction - Parties and the land in question is one and the same but the matter in issue is altogether distinct in both the suits as such provision of..........
ORISSA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Refusal to grant - Legality - Suit for declaration and permanent injunction - Plaintiff sought relief of temporary injunction - Defendant opposed said relief by producing death certificate of original owner of land and contended that sale deed executed by original owner in..........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for declaration - By way of amendment, relief is being substituted from declaration to that of recovery of money - Entire gamut of facts more or less remains - Held, amendment application of appellant/plaintiff allowed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - In a suit for declaration in respect of property if a person has no interest or right over the property, he is neither a necessary nor proper party but if he claims to be the owner of the property or otherwise in possession thereto in his own rights, in his absence..........
KERALA HIGH COURT
Year of decision: 2011
Details
Succession Act, 1925, Section 306, Civil Procedure Code, 1908, Order 22, Rule 3-- Suit for declaration by donor or his LRs - Maintainability - Held, a suit for declaration that the documents executed by donor or assignor are not valid, or are vitiated by undue influence, fraud or coercion, could be filed by donor or assignor, as the case may be - Such a suit could be filed by..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, 152-- Rectification in plaint after passing of the decree - Suit for declaration on the basis of family settlement - Decree passed in pursuance of compromise between the parties - After passing of decree and after a gap of nine years it came to knowledge that another plot was also the subject matter of..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Deficiency in Court fee - Plaintiff has not only sought relief of declaration but has also sought relief of mandatory injunction - Plaintiff under garb of suit for declaration and mandatory injunction, was seeking payment of bonds which were payable on demand - Hence, he was..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 6-- Plaint - Amendment - Suit u/s 6 of Specific Relief Act - Amendment of plaint to seek relief of declaration and damages - Amendment will change the nature and character of suit - Application dismissed...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Suit for permanent injunction - Second appeal - First appellate Court did not assign any reasons and reversed judgment and decree passed by trial Court on mere ground that plaintiff has not asked relief of declaration of title in respect of entire land and thus he is not entitled for a decree of..........

Showing : 251-260 of 455 Results