Showing : 21-30 of 174 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97-- Execution - Objections - Issues - Framing of issues and recording of evidence not essential in each case - Court can frame point of determination but such determination may or may not require recording of evidence - Executing Court, on the basis of the material available on record, coupled with..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand - Non-framing of issue - Lower Appellate Court not justified in setting aside the judgment of Court of first instance without setting aside findings recorded by it - Direction issued by Lower Appellate Court while remanding the matter to frame issue is also erroneous, as neither defendants..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Suit for permanent injunction and declaration - Questions raised in second appeal did constitute substantial questions of law within the meaning of S.100 CPC - High Court unfortunately did not examine any of issues much less in its..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Partition suit - Held, having regard to nature of controversy and issues involved regarding ownership based on interpretation of documents, questions did constitute substantial questions of law - High Court unfortunately did not examine..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - All objections in terms of O.21.R.97 CPC are not necessarily to be decided by way of following proper procedure - Any frivolous objection cannot be decided by way of adopting procedure of framing issues and allowing the parties to lead evidence just to delay execution of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58-- Execution - Third party objections - Framing of issues - Court is not obligated to follow regular procedure in every false and frivolous objections - Issues are not to be framed in every unfounded, false and frivolous objections filed by someone in execution of a decree - Order dismissing..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 1, 2-- Issues - Plea of non framing of proper issues as per pleadings of parties - Issues were framed in the presence of Advocate and issues were read over and explained to parties - Framing of additional issue was not sought in the trial Court - Held, non framing of issue not fatal...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 15, Rule 1-- Disposal of suit at first hearing - Question as to whether parties are at issue on a question of law or fact, can be decided only after stage prescribed in O.14 of the Code is crossed - Question of framing issues arise either after the defendant files written statement or after the defendants are..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Cause of action to file suit arose in the year 2015 and from that date suit filed by plaintiff is well within limitation - Moreover, question of limitation can be decided by trial Court after framing..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Exclusion of counter claim - Court cannot exclude a portion of counter claim in a suit after framing of issues on the ground that later written statement was amended and an additional relief was incorporated...........

Showing : 21-30 of 174 Results