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Results of objections by third party not in suit

Showing : 21-30 of 38 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Electricity -- Demand of electricity consumption charges - Defective meter - One of the face of electric meter not working - Suit filed raising challenge against demand of electricity consumption charges on the ground that one of the phase of the electric meter are not working - No prior notice given to plaintiff before raising demand to enable him to submit his objections..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Issues need not to be framed when objections are by the parties to the suit nor evidence is required to be recorded, particularly when facts are undisputed - 2008(1) Civil Court Cases 364 (P&H) distinguished as in that case it was held that objections filed by third party (i.e. not party..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 11, Order 21, Rule 97, 90 -- Execution - Objections - Res judicata - Objections U.O.21.R.90 CPC dismissed on the ground that remedy is already sought by filing a civil suit therefore there is no reason to implead as a party in the execution application - Objections filed U.O.21.R.97 - Held, order does not constitute res judicata insofar..........

BOMBAY HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Section 96 -- Appeal - Suit decreed with an adverse finding - No appeal can be filed by the decree holder for challenging such a finding - Only remedy to that party is to challenge the adverse finding by way of cross objections whenever other party files an appeal challenging the decree - Appeal not maintainable...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Section 11, Order 39, Rule 1, 2 -- Temporary injunction - Execution of a decree - Injunction cannot be granted - Subsequent suit is barred on a plea which was available to a party in the previous suit - Courts below have exercised jurisdiction which did not vest in them in entertaining a suit against execution of a decree though all questions..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 14, Rule 1 -- Maintainability of suit - Preliminary issue - Suit for declaration challenging decree - Plaintiff party to previous suit - Objections to execution of decree filed by him also dismissed - There is not illegality to treat issue of maintainability as preliminary issue...........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Civil Procedure Code, 1908, Section 146, Order 21, Rule 16 -- Locus standi of assignee of interest in decree to execute said decree - Suit for specific performance - Vendee expired - Legal representatives as well as assignee of interest in decree impleaded party - Specific performance granted by Supreme Court - Assignment in favour of assignee upheld - In execution of..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Section 11, Order 21, Rule 63, 97, 98, 101, 103 -- Independent suit after dismissal of objections - Not maintainable after 1976 amendment - Decisions of objections filed by any party, which includes third party, amounts to a decree as contemplated under Rules 101 & 103 - Remedy is only appeal and not an independent suit - Order passed under..........

DELHI HIGH COURT

Year of decision: 2004
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 12, Rule 6 -- Decree on admission - Execution - Suit was for possession - Order rejecting applicant's impleadment in said order - Applicant filed objections in execution proceedings - Objected to - Plea of tenancy under plaintiff - Said allegation is contrary to allegation in application for..........

SUPREME COURT OF INDIA

Year of decision: 2002
Details

Civil Procedure Code, 1908, Order 20, Rule 1, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 -- Order 20 requires a judgment to contain ail the issues and findings or decision thereon with reasons therefor - Judgment has to state the relief allowed to a party - Obligation cast by Code that decree shall agree with the judgment - Judgment should clearly indicate the relief..........

Showing : 21-30 of 38 Results