Showing : 21-30 of 148 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit without permission - Maintainability of subsequent suit - Suit withdrawn as defendant stopped interfering - However, there is nothing on record to suggest that defendant had given any undertaking not to interfere in the suit land on the basis of which plaintiff withdrew the suit..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Maintainability of suit - Plaint cannot be rejected only on the basis of defence theory without even looking into the entire averments of plaint...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - Suit for specific performance - Plea regarding maintainability of suit - Plea is required to be raised in first instance in the pleading (written statement) then only such plea can be adjudicated by trial Court on its merits as a preliminary issue U.O.14.R.2 CPC - Having not..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 92-- Application for leave to file suit u/s 92 of the Code - Application be annexed with the plaint as maintainability of application can be decided on the basis of averments in the plaint...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Suit based on title - Amendment sought in relief clause by adding prayer of eviction and mesne profits/damages - Necessary averments regarding termination of tenancy averred in the plaint - Nature of suit not changed if amendment is allowed -..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96-- First Appeal - Maintainability - Dismissal of suit for no, prosecution - Trial Court dismissed suit and passed a decree accordingly - Effect of such an order would preclude the plaintiff from filing same suit on the same cause of action - Such a decision can have the status of decree, as such..........
CHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Death of plaintiff during pendency of suit - One of the heirs already representing the deceased plaintiff - Defendant undertaking not to contest the issue regarding non maintainability of suit for want of impleadment of all the legal heirs..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100, Benami Transactions (Prohibition) Act, 1988, Section 4(1)-- Second appeal - Question of maintainability of suit on the basis of S.4(1) of Benami Transaction Act - It is purely a question of law and can be decided in second appeal...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 7L(4)-- Rejection of plaint - Rejection of plaint on institutional ground is different from dismissal of suit at pre-trial stage on ground of maintainability - For dismissal on preliminary issue, Court is entitled and liable to look into entire documents including those furnished by defendants...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Rejection of plaint - Application U.O.7.R.11 CPC, regarding jurisdiction and maintainability of suit, has to be decided first before deciding any other application as non disposal of such an application may put the party in disadvantage...........

Showing : 21-30 of 148 Results