Showing : 1731-1740 of 6170 Results

DELHI HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Ex parte decree if not set aside then defendant can join and participate in the proceedings from the stage it is pending - However, proceedings between the stage at which he was proceed ex parte and the stage at which he joined will not be re-opened...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Final partition decree alleged to be inexecutale being vague - Commissioner had suggested two options in his report to divide the property - Trial Court left the exercise of selection of the option to the stage of execution - That does not render the decree vague...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Principle is applicable to a decree passed on compromise - However, there is an exception where such compromise is collusive and for defeating the rights of subsequent transferee the matter will be examined in the light of such ground...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Defendants, proclaimed offenders, have been abusing process of law by filing multiple applications by making false and incorrect averments - Defendants though aware of being declared proclaimed offenders had not taken steps to assail said order or join various..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Held, Court though having wide powers to condone delay but discretion to be exercised judiciously - None of defendants' witnesses explained delay, much less satisfactorily explained each day's delay - Delay cannot be condoned...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 7, Punjab Village Common Lands (Regulation) Act, 1961, Section 7- - Withdrawal of appeal - Restoration of - Panch appeared before appellate court and stated that no decree of recovery had been passed against Gram Panchayat and it having initiated proceedings u/s.7 of the Act of 1971 would take possession in due course of law - Appeal dismissed as withdrawn - By..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 9, Rule 13-- Partition proceedings - Ex parte decree - Setting aside of - Held, no body should be condemned unheard - In present case, Assistant Collector, 1st Grade violated basic rule of audi alterm parterm while passing ex-parte order - Revenue authorities i.e. Collector, Commissioner as well as Financial..........
PATNA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence - Permission to adduce - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - However, during pendency of appeal they admitted true fact by executing registered sale deeds - They failed to explain admission made..........
PATNA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 27-- Partition suit - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - Clear admission made by plaintiff and their heir in sale deeds executed during pendency of appeal to effect that there had been partition between three brothers..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Decree of specific performance passed - Delay of nine year in deposit of balance sale consideration - Remaining sale consideration should have been deposited immediately after decree of specific performance was passed - Decree holder directed to deposit balance sale consideration with 18% interest..........

Showing : 1731-1740 of 6170 Results