Showing : 1-10 of 159 Results

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..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 104, Order 43, Rule 1, Delhi High Court Act, 1996, Section 10(1)-- Appeal - Right to file list of witnesses as well as evidence by way of affidavits - Maintainability - Suit for specific performance - An appeal shall lie only against the order of single judge which are mentioned in S.104 r/w O.43.R.1 of CPC - Order under challenge do not amount to judgment..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80-- Notice - Maintainability of suit without service of notice - Objection can be raised by only that party for whose benefit the provision is enacted - Other party to the suit cannot question the maintainability of suit on account of alleged non compliance of the provision as such non compliance can..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Non-maintainability of suit cannot be entertained under the scope of O.7.R.11 CPC...........

Showing : 1-10 of 159 Results