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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 1, Rule 8 -- Scope and object - Provision of O.1.R.8 CPC applies to a case in which there are numerous parties having common interest - Suit can proceed after obtaining necessary permission or direction of the Court under sub-rule (2) and all interested persons are either served by personal notice or by public advertisement as may be..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Land Revenue Act, 1887, Section 20, 21, 22 -- Exparte decree - Setting side - Suit for partition - Defendant residing in USA for the last more than 25 years - Defendant was never served with any notice although plaintiff had full knowledge of his correct address - Application U.O.9.R.13 CPC to set aside exparte decree -..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Defendant residing in USA for the last about 25 years - Service by beat of drums or publication of a notice in a local newspaper which has no circulation in the USA cannot be said to be an effective service...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant has more than one remedy - He can file an application for setting aside the ex parte decree or he can file a suit stating that service of notice was fraudulently suppressed or can prefer an appeal and file an application for review...........

RAJASTHAN HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Can be filed within a period of one month from date of service of notice of day fixed for hearing of appeal or within such time as allowed by Court...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 24 -- Transfer petition - Notice to other party - Court must issue notice to other party and hear him before passing any order on transfer petition - Court is to act judicially while ordering transfer on the application of a party...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting side - Case transferred from High Court to Additional District Sessions Judge - Three out of four defendants represented by counsel who was given notice - Notice of transfer not given to fourth defendant - Ex parte decree passed against fourth defendant set aside - It is not duty of counsel for three..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 21, Rule 54, 66 -- Execution - Auction - When a property is sold it is mandatory to serve notice upon the person whose property is sold - Sale of property without notice to its owner is nullity and all actions pursuant thereto are liable to be struck down/quashed...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Execution - Auction - Notice - Has to be personally affected on the J.D. - Valuation of property is required to be done under O.21.R.66(2) Proviso - The estimate of the value of the property is a material fact to enable the purchaser to know its value - It must be stated accurately and fairly as possible so that the..........

RAJASTHAN HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary parties - Suit for specific performance - Necessary parties are parties to contract, their legal representative or person who had purchased contracted property from vendor with or without notice - Any person claiming independent right in property in question, including co-owner or coparcener is not a necessary party..........

Showing : 491-500 of 986 Results