Showing : 1-10 of 24 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 1, 2-- Summary suit - Non-appearance of defendant - Consequences - Failure on part of defendant to put his appearance within 10 days from date of receipt of summons in a summary suit would straightaway entitle plaintiff therein to a decree for sum of money mentioned in summons along with interest and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 114-- Non appearance of plaintiff in the witness box - Adverse inference can only be drawn if evidence available on file is not sufficient...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 17, Rule 2-- Part cross examination done - Non appearance of defendant for his further cross examination - Trial Court cannot dispose of suit by taking into consideration evidence of plaintiff alone without considering evidence of DW1 which is on record - It is contrary to provision of O.17.R.2 CPC - Thus,..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit for recovery - Dishonour of cheque - Non-appearance of defendant within 10 days despite being served with summons - Allegations in plaint are deemed to be admitted and plaintiff is entitled to a decree for a sum not exceeding the sum mentioned in summons - However, trial Court..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Order 9, Rule 8-- Res judicata - Partition suit - Dismissal in default - Order of dismissal for non appearance of plaintiff in earlier suit does not operate as res judicata in subsequent suit...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 2(3)-- Summary suit - Non-appearance of defendant despite service of summons - All the allegations made in the plaint deemed to be admitted - Plaintiff is entitled to a decree - Case cannot be set up for evidence as averments made in the plaint are deemed to be admitted...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex-parte proceedings - Setting aside - Where vital rights to an immovable property are involved, negligence is not such that it cannot be condoned by making payment of costs to plaintiff considering that valuable rights in an immovable property is involved and the period of non appearance an delay..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 8, 9-- Suit - Dismissal in default due to non appearance of plaintiff - Bars fresh suit in respect of same cause of action - However, it does not preclude fresh suit if a cause of action is separate and distinct...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Earlier suit dismissed for no, appearance of both the parties - Restoration application also dismissed for non payment of costs - When suit is dismissed for non appearance of both the parties, plaintiff can file fresh suit and dismissal of restoration application has no significance in the matter...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 16, Rule 15, 18, 20-- Closure of plaintiff's evidence - Non-appearance of plaintiff for cross-examination - Validity - Only 11 opportunities have been granted to plaintiffs and they are not responsible for couple of adjournments out of it - Plaintiff No.1 had gone to call his counsel but without informing Court -..........

Showing : 1-10 of 24 Results