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Results of framing of issues

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Showing : 91-100 of 259 Results

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Where plaintiff claims accrual of cause of action on the basis of definite pleadings, question with regard to limitation, which is mixed question of law and facts, has to be decided by Court on the basis of evidence to be led by parties, after framing issues - Question of rejection of..........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought after framing of issues - Amendment sought for seeking Will to be declared as null and void - Plaintiff came to know about factum of Will only when it was filed by defendant at the stage of evidence in proceedings under Rent Control Act and thereafter he obtained certified copy and filed..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Issues arise when a material proportion of fact or law is affirmed by one party and denied by the other...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of additional issue - Even if a party could not press for an issue at the initial stage that party is not debarred to claim framing an additional issue at a later stage, as it is duty of Court to frame proper/specific issues on all points raised in pleadings...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after filing of replication and before framing of issues - Amendment sought is thus at the initial stage of suit - It cannot be said that amendment sought is delayed - Amendment allowed...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - First Appellate Court to frame its own points of determination instead of taking up the issues framed by trial Court one after the other - Decision of appeal by first appellate Court without framing its own points of determination set aside and matter remitted for decision afresh...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Material proposition of fact asserted by one party and denied by the other party in objection petition - Held, that framing of issues and giving opportunity to objector to lead evidence and also giving opportunity to no, objector to adduce rebuttal evidence is essential...........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Filed after two and a half years of framing of issues - Plaintiff's evidence was still being recorded by trial Court, when counter claim was filed - Cause of action on the basis of which counter claim was filed accrued before filing of written statement - No serious injustice or irreparable loss would be..........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of an issue - Objection not raised at the time of framing of issues - Application for framing additional issue not filed - Findings rendered in the petition not challenged - Held, trial Court did not commit any error in not framing the issue...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Amendment sought for setting up counter claim - However, application for amendment and counter claim filed after five years of framing of issues - Sufficient explanation not given for such long delay - Moreover, said application is filed with..........

Showing : 91-100 of 259 Results