Showing : 11-20 of 36 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession - Defendant claiming possession on the basis of an oral agreement to sell - Held, defendant has no right to remain in occupation of the premises or retain possession merely because of oral agreement to sell in his favour and that too with one of the..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Both the parties claiming on the basis of Will in their favour - Joint trial of two suits filed by each party ordered - Court rightly directed plaintiff who filed suit earlier in point of time to lead evidence in proof of his case in consonance with O.18.R.1 CPC - No interference..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - No cause of action in favour of plaintiff and against defendant Nos.4 to 13 to file a suit for recovery as there is no privity of contract - There is non disclosure of facts to proceed with the trial of suit qua defendant Nos.4 to 13 as there is no allegation of any liability..........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 1, 3, Civil Procedure Code, 1908, Order 2, Rule 3-- Joint trial - Circumstances requisite to allow joint-trial are (1) A common question of law or common question of fact must arise from all such suits and (2) In all such suits, the right to relief must be in respect of or arising out of same act or transaction or same series of act or transactions..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Grant of - Plaintiff had not been able to prove that property in dispute was joint property of the parties - Trial Court was of the view that appellant will not suffer any irreparable loss in case suit is decided finally, but has failed to consider that if it comes in the..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Partition suit - No dispute that all the parties constituted a joint Hindu undivided family - Admittedly there was no prior partition deed or a decree of Court - Held, plaintiff being a coparcener in the Joint Hindu Undivided Family of deceased was entitled to 1/6th share as..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 26, Rule 9, 10-- Appointment of Court Commissioner - Two reports from T.I.L.R. office on record - Report after measurement of land of plaintiffs indicates that there was encroachment, however, the report after measurement of land of defendants shows that there is no encroachment - Held, a fit case in which trial..........
DELHI HIGH COURT
Year of decision: 2011
Details
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23-- Appeal - Remand - Counter claim - One plea of partition of joint family taken - Plea categorically rejected by trial Court - Held, it is clear that counter claim stood rejected - Matter cannot be remanded back even when Court has not given specific observation in the concluding paras of the..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Application for - Delay of 7 years - Petitioner, son of defendant sought his impleadment after lapse of 7 years form the date of institution of suit on the ground that he is coparcener of joint Hindu family - Earlier Trial court was directed to conclude the proceeding..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plea that ad valorem Court fee is payable - Suit for declaration that plaintiff alongwith defendants No.1 to 3 are owners in joint possession - Plaintiff claiming relief of declaration and injunction on the basis of existing title - Trial Court dismissed the application by..........

Showing : 11-20 of 36 Results