Showing : 11-20 of 174 Results

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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Maintainability of suit and limitation - Can be decided only when parties lead evidence - Perusal of plaint does not give rise to any prima facie conclusion that pleadings are manifestly vexatious and baseless - Case does not fall under the ambit of O.7.R.11 CPC on the basis..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Issues - Partition suit - Issue with regard to maintainability of suit and non joinder of necessary parties - Cannot be decided as preliminary issue...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 12-- Discovery of document - Maintainability - Suit for partition and separate possession - Plaintiffs filed suit claiming suit property as ancestral - It is their bounden duty to prove the same by adducing oral and documentary evidence - Admittedly, in present case trial has not begun - Therefore, no..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 12-- Discovery of document - Maintainability - Suit for partition and separate possession - Defendants alleged that plaintiffs are in possession of original deeds but failed to file any material to the same - Fact that the suit property is ancestral and plaintiffs clearly stated that they are not in..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115-- Revision - Maintainability - Recovery suit of Rs.25000 - Plaintiff invoking revision u/s 115 CPC in view of bar u/s 102 CPC to filing of second appeal against any decree, when subject matter of Original suit is for recovery of money not exceeding Rs.25,000 - However, remedy for aggrieved person in..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115-- (as amended in State of U.P) - Revision - Maintainability - Revision is maintainable with regard to original suit or proceedings similar to original suit and is not maintainable with regard to any order passed in an appellate proceeding in State of U.P...........

Showing : 11-20 of 174 Results