Showing : 1-10 of 282 Results

TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 20, Rule 18(ii)-- Preliminary decree - Partition suit - Passing of preliminary decree U.O.20.R.18(ii) CPC is not mandatory in each and every case - It is only in cases where Court comes to conclusion that if partition or division of property cannot conveniently be made without further enquiry, a preliminary decree..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 20, Rule 18(ii)-- Final decree - Auction sale - Partition suit - Property is indivisible as per shares allotted in preliminary decree - Preliminary decree itself could have been made as a final decree - Trial Court rightly allowed application of plaintiff for conducting auction so as to distribute sale proceeds as..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 11(3), Civil Procedure Code, 1908, Order 20, Rule 6A(2)-- Execution - Consent decree - Non-filing of certified copy of decree along with execution application for the reason that same was not passed by Court - Execution application is still maintainable, as so long formal decree was not passed order recording compromise was to be treated as decree during..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 20, Rule 6A-- Drawing of decree - Where Court disposed of suit and did not draw a decree but only passed the order, DH was required to file an application u/s 151 r/w O.20.R.6-A CPC to Court for drawing a decree in accordance with order passed - High Court was thus, not justified in directing appellant to apply..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 20, Rule 5-- Judgment of First Appellate Court - First Appellate Court after scrutinizing entire pleadings and evidence on record affirmed findings of trial Court - No exception therefore, can be taken to judgment passed by First Appellate Court, particularly when same is hit by provision of O.20.R.5 CPC...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 20-- Final decree - Preliminary decree does not completely dispose the civil suit and suit continues till final decree is passed - There is therefore, no need to file an application and apply for final decree proceedings by litigants - It is an obligation on Court to draw up final decree...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 20, Rule 18.S-- Partition suit - Final decree proceedings - In exceptional cases, supplementary final decree can be passed, provided original final decree or final decree passed earlier has not concluded the matters sought to be declared in supplementary final decree...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 20, Rule 18.S-- Partition suit - Final decree proceedings - Party who opposed partibility of estate and whose share is not determined in preliminary decree, cannot straight away apply for passing final decree without getting supplementary preliminary decree passed...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Preliminary decree - Partition suit - There can be multiple preliminary decrees in suit for partition...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Preliminary decree - Partition suit - Declaration of rights of parties to partition suit is not dependent on payment of Court fee by defendant - It affects only actual partition and separation of his share in property...........

Showing : 1-10 of 282 Results