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Results of o 1 and r 10 of civil procedure code

Showing : 601-610 of 912 Results

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Provision is directory and not mandatory - Power of Court to extend time for filing written statement beyond time schedule provided U.O.8.R.1 CPC is not completely taken away - Time schedule contained in the provision is to be followed as a rule and departure therefrom would be by way of exception - Extension of time may..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Impleading of minor children of defendant/vendor as party to the suit - A decree, prior to execution of agreement to sell, in favour of minor restraining their father/defendant/vendor from alienating the suit land or creating any charge over the same - Defendant/vendor proceeded exparte in the..........

ALLAHABAD HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Section 2(9), Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 1, 4(2) -- Defendant proceeded ex parte - Merely for this reason, allegations in complaint cannot be accepted to be correct - Court has to record a finding or call for evidence in support of the plaint allegations...........

BOMBAY HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Plaint - Amendment - Impleading of parties - Suit for declaration - During pendency of suit defendant agreed to sell the suit land to the proposed parties - Proposed parties are necessary parties or in any case proper parties for effectually adjudicating all questions involved..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Written statement - Time frame of 90 days - Not mandatory - In view of power conferred on Court in R.10 `to make such order in relation to suit as it thinks fit', Court is not prohibited from granting time beyond 90 days to file written statement invoking S.148 CPC in the interest of justice for reasons to be recorded on..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Section 148, Order 8, Rule 1, 9, 10 -- Written statement - Enlargement of time beyond 90 days - Court has discretion to enlarge time beyond 90 days - Maximum limit of 90 days prescribed U.O.8.R.1 is only a guiding factor and not a basis to deny power conferred on Court under S.148 - Extension of time can be granted in the interest of justice for..........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Addition of a party - Suit for specific performance - A stranger or a third party to the contract, claiming to have an independent title and possession over the contracted property is not entitled to be added as a party in the suit...........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Additional of a party - When with addition of party scope of suit is enlarged then party to be added cannot be said to be a proper party...........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance of agreement to sell - Addition of a necessary party - Person who claims adversely to the claim of a vendor is not a necessary party - Two tests to determine as to who is a necessary party in such a suit are: (a) there must be a right to some relief against such party in respect of the..........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Addition of a party - Proper party - Guiding principle for deciding the question as to who is a proper party is that the presence of such a party is necessary to adjudicate the controversies involved in the suit for specific performance of the contract for sale...........

Showing : 601-610 of 912 Results