Showing : 1-10 of 172 Results

ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 96-- Appeal by subsequent purchasers - Maintainability - Decree for specific performance - Purchasers contested the suit and they are essentially aggrieved by judgment and decree, thus they can assail the same in first appeal - Merely because vendors not filed any appeal or cross-objection to appeal..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Maintainability of suit u/s 31 of Specific Relief Act - Such an issue does not require any evidence and can be decided by seeing the prayer and pleadings of the suit - Impugned order to decide the issue at a future point, set aside - Matter remitted to decide application..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Execution - Delivery of possession - Suit for declaration and recovery of possession and permanent injunction - Executing Court issuing delivery of possession as sought by DH in the proceeding, when Appellate Court held that plaintiff is in possession of suit land - Said order of Executing Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 3A-- Consent decree - Separate suit to challenge - Bar to maintainability of suit U.O.23.R.3-A CPC is only with respect to decrees passed on the basis of compromise and not on the basis of consent - There is a mark difference between decree which has been passed on the basis of compromise U.O.23.R.1..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151-- Recall of an order - Application filed by plaintiff - Order pertains to hearing additional issue regarding maintainability of suit as preliminary issue - Pecuniary jurisdiction of Court is determined by Valuation made by plaintiff as per plaint and not on contention taken by defendant - Moreover,..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for mandatory injunction - Objection regarding maintainability of suit being barred by law was raised by defendant - Court below not examined the issue raised by defendant while discussing relevant provision invoked by him in the backdrop of subject matter of suit -..........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 8, Rule 6A-- Claim petition U.O.38.R.8 CPC by third party - Counter claim - Maintainability - Counter claim is maintainable in claim petition filed by third party U.O.38.R.8 CPC, as petitioner who filed attachment petition would get the status of a defendant in a suit in said claim petition, necessarily, he..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Constitution of India, 1950, Article 226-- Lease - Writ petition - Maintainability - Lease of suit property to expire in year 2038 - Respondents tried to take forcible possession from petitioner - Petitioners concealed the fact that allotment was cancelled in the year 1952 - More so, petitioner has efficacious and alternative remedy in the..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 9-- Eviction proceedings by Government company - Maintainability - Recourse to summary remedy of eviction taken under the Act is not the proper way keeping in view the nature of controversy and factual issues raised by parties against each other - Proper remedy is to file a civil suit for eviction..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for partition - Maintainability - Defendant Nos.3, 4 did not take any steps to contest the suit and remained ex-parte when trial Court granted relief and they did not prefer any appeal - Rather second appeal is filed by defendant No.1 who got the share in suit property..........

Showing : 1-10 of 172 Results