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ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Non mention of exact extent of plaint schedule property inadvertently - Amendment if allowed will not cause any prejudice to the defendant and there will be no change in nature of suit as well as cause of action - Denial of such amendment will go to the very root of the matter - Amendment allowed to..........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - After closure of evidence by parties - Production of documents at such a belated stage strongly deprecated - However, keeping in view the nature of documents and that petitioner shall not lead any further evidence except the evidence for getting the documents exhibited, petitioner is granted one..........

KERALA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 8 -- Counter claim - Plaintiff can set up counter claim in answer to the counter claim of the defendant subject to the limitations prescribed by the Code and other laws if any governing it...........

KERALA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 8, Civil Procedure Code, 1908, Order 2 -- Counter claim - By plaintiff in answer to the counter claim of defendant - Cause of action for the counter claim of plaintiff arose after the filing of the suit which is different from cause of action pleaded in plaint - Held, counter claim of plaintiff not hit by O.2.R.2 CPC...........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only the averments made in the plaint are relevant - Case of defendant not to be considered at this stage...........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact recorded by both Courts below as per statement of witnesses P.W. 1 and P.W. 2 is that they themselves had admitted the possession of defendant-respondent over disputed property - Both Courts below have come to the conclusion that plaintiff had failed to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 2, Civil Procedure Code, 1908, Order 5, Rule 17, Civil Procedure Code, 1908, Order 5, Rule 20 -- Dismissal of suit - Non-service of summons - Order dismissing suit U.O.9.R.2 of CPC for not taking steps to furnish correct address of 1st defendant - 1st defendant was reported to have gone abroad and not residing at the address where..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Land and Property -- Tenant - Proof - Jamabandi reveals that defendant was tenant under mortgagee - Presumption of correctness attaching to jamabandi has not been rebutted by defendant - Held, it is established that defendant was inducted as tenant over suit land by mortgagee...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Suit for possession -- Contradictory stand - Effect - Defendant has taken self-contradictory stand that he has been in adverse possession of suit land and also that he was tenant under plaintiff's father - Held, contradictory stand of defendant demolishes his entire case...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Suit for possession -- Plea of adverse possession - Held, once plea of defendant regarding ownership by adverse possession is negatived then defendant has no right to continue in possession of suit land - Plaintiff being owner of suit land is entitled to possession thereof...........

Showing : 3221-3230 of 6552 Results