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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 41, Rule 27, Evidence Act, 1872, Section 65, 66 -- Additional evidence in second appeal - Affidavit - Proof of affidavit by way of secondary evidence - For additional evidence party has to make out a strong case - By exercise of due diligence, defendant could have proved the affidavit in the trial Court - Affidavit not required by Court..........

GAUHATI HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 18, Rule 4, 1, 2 -- Affidavit of examination-in-chief - Affidavit of examination-in-chief of defendant to be taken from the defendant after cross-examination of the plaintiffs and his witnesses is complete...........

GAUHATI HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Parties directed to file affidavits of examination-in-chief - Thereafter defendant sought permission to file additional affidavit of examination-in-chief - Additional affidavit of examination-in-chief amounts to further examination-in-chief of the witness - Such further examination-in-chief..........

GAUHATI HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Parties directed to file affidavits of examination-in-chief - Thereafter defendant sought permission to file additional affidavit of examination-in-chief - Additional affidavit of examination-in-chief amounts to further examination-in-chief of the witness - Can be permitted only at the end..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Adverse possession -- Sale deed in favour of defendant - Defendant when holds possession on that basis, his plea of adverse possession cannot be accepted...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Adverse possession -- Defendant already filed a suit for recovery against the plaintiff - Once the plaintiff claims himself to be a tenant, he cannot substantiate his claim for adverse possession...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Application can be filed at any stage of the suit - For filing an application it is not necessary that defendant should first file his written statement - Use of word `shall' casts a duty on the Court to perform its obligations in rejecting the plaint when the same is hit by any of the infirmities..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Declaratory suit - Plaintiff claiming title and also to set aside sale deeds executed by defendant in favour of third parties - Amendment sought to seek preferential right u/s 2 of Hindu Succession Act on ground that he was co-sharer of suit land - Such preferential right can ordinarily be claimed within..........

DELHI HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Departure from time schedule - Can be allowed only under exceptional circumstances beyond the control of the defendant and such extension was necessary in the interest of justice...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Impleading of a defendant - If any defendant is impleaded subsequently proceedings as against him shall be deemed to have begun only from the date of service of summons...........

Showing : 3101-3110 of 5368 Results