Showing : 21-30 of 150 Results

JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 1, Partnership Act, 1932, Section 69(2)-- Money suit - Suit by registered partnership firm - Maintainability - Certificate of registration of plaintiff-company proved during trial - Firm being a registered partnership firm, entitled to sue and enforce its right arising out of a contract by or on behalf of any person showing as a partner..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - If the issue relating to maintainability of suit in question is hit by S.10 of CPC and the said issue is taken up as preliminary issue to be decided, in that case if it is found correct, Court has only to stay proceeding of second suit, but the Court cannot dismiss second suit as a..........
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Code, 1908, Order 23, Rule 1-- Withdrawal of suit without permission - Maintainability of subsequent suit - Suit withdrawn as defendant stopped interfering - However, there is nothing on record to suggest that defendant had given any undertaking not to interfere in the suit land on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..........
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...........

Showing : 21-30 of 150 Results