Showing : 11-20 of 56 Results

HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment - Necessary party - Partition suit - Sisters of appellant being legal heirs are proper and necessary parties for adjudication of suit - There is no bar to implead them even at the stage of final decree proceedings - Application allowed...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 789 days in filing appeal - Sufficient cause - Explanation offered by petitioner that on account of his migration to other State he could not meet his counsel within time and failed to file the appeal is not bona fide - More so, participation of petitioner in final..........
TRIPURA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18-- Final decree - Partition suit - Application for preparation of final decree can be moved by either party as in partition suit each and every party is both plaintiff and defendant - Provision of Limitation Act do not apply in such cases - However, final decree proceedings are to be drawn up by..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 6, Rule 17-- Partition suit - Final decree - Permission to add left out property - Held, inclusion of left out properties in the final decree proceedings is justified and proper - However, parties opposing such inclusion would be given an opportunity to file written statement as against such inclusion and..........
CHHATTISGARH HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 26-- Custody of children - Sought by wife after dismissal as withdrawn, petition for divorce, filed by husband - On the date of filing petition u/s 26 of the Act, proceedings under any of the provisions of the Act was not pending - Dismissal of case as withdrawn is not final adjudication of rights and..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Partition suit - Additional evidence sought after preliminary decree was passed declaring 1/3rd share of plaintiff and proceedings were initiated for preparation of final decree - Documents sought to be filed by defendant as additional evidence are..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte proceedings - Setting aside - Application to set aside ex parte proceedings can be filed during the course of hearing of suit that is till hearing of final arguments in the suit - Application filed after hearing final arguments is neither maintainable nor ex parte proceedings can be set..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Partition suit - Final decree proceedings - Court on its own or on an application made by a party, can implead a party in the final decree proceedings if Court is of the opinion that proposed party has a right in the subject matter and there is possibility of his right..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151-- Judgment or order obtained by fraud - Court can recall its own order - (a) Any judgment or order obtained by fraud cannot be said to be a judgment or order in law and such judgment decree or order is nullity and non est in the eye of law and can be challenged even in collateral proceedings; (b)..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party in final decree proceedings - In any suit, in which a final decree is contemplated, suit is deemed to be pending till such final decree is passed - Application allowed...........

Showing : 11-20 of 56 Results