Showing : 251-260 of 273 Results

RAJASTHAN HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Divorce - Desertion - Animus deserendi - It must be in doing of party allegedly guilty of desertion - It cannot be based on situation created by party seeking divorce...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 37, Rule 2, 3-- Leave to defend - Court has to examine at the stage of granting leave whether the facts as alleged by defendant, even if proved true, constitute valid or bonafide defence - Trial Court instead of doing so, discussed evidence and gave finding that the defence is sham as there is no evidence on..........
DELHI HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 37, Rule 3, 7-- Suit based on three cheques - Defence set up that cheques were given to plaintiff for the purpose of bringing a video set - Plaintiff did bring a video set but that was defective and returned - Held, defence did raise triable issues...........
DELHI HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 37, Rule 3(4)-- Affidavit - Mentioned therein that statement of facts contained in the accompanying application are true to knowledge and should be read as part of this affidavit - Contents of the said affidavit verified as `true to my knowledge' - Held, a short affidavit is sufficient...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Suit based on pronote - No mention in the plaint that this document is annexed with the plaint - As the suit is based on pronote as such plaintiff is legally bound to send copy of the pronote alongwith the plaint to the defendant...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Copy of plaint and annexures thereto should accompany the summons - Without copy of annexures the service of defendant under this provision is not complete...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5), 6(a) & (7)-- Summary suit - Summons for judgment served - Defendant on date of hearing sought extension of time for filing petition to defend - Time granted - Cannot be said that Court has acted without jurisdiction in extending time for filing application for leave instead of straight away passing decree - No..........
DELHI HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 37, Rule 1, Specific Relief Act, 1963, Section 15(b), 19(b)-- Agreement to sell - Suit for refund of advance - Filed against defendant and legal heirs of deceased person who received advance but could not transfer land as it was acquired by Govt. - Suit U.O.37.R.1 is maintainable...........
GUJARAT HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 37-- Summary suit - Leave to defend - Conditional leave to defend to be granted where defence appears to be dishonest or frivolous or contentions do not raise a triable issue - Otherwise the Court should grant unconditional leave to defend...........
DELHI HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 37-- A single suit cannot be dissected into two - Against some of the defendants to be treated as a suit under Order 37 CPC and against some of them to be treated as a regular suit...........

Showing : 251-260 of 273 Results