Showing : 21-30 of 59 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 15, Rule 2(1)-- Decree against some of the defendants - Code of Civil Procedure nowhere provides that decree against some of defendants cannot be passed - However, O.15.R.2 CPC provides that decree can be passed against defendant who has not filed written statement or who remains absent or who is not at issue..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 15, Rule 1, 2-- Suit for specific performance - Some of the defendants not at issue with plaintiff - Defendant sought decree against all the defendants - Relief of specific performance claimed is indivisible - Held, partial decree of specific performance cannot be granted against those defendants who are not at..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i), Civil Procedure Code, 1908, Order 15, Rule 5-- Eviction petition - Striking of defence - Held, defence of tenant can be struck off if `the entire amount admitted by him to be due', is not deposited on relevant date of hearing - Interpretation of aforesaid expression cannot be stretched to say that even rent, which could not be recovered under..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 15, Rule 5(As- - Several defaults in depositing monthly rent - Trial Court struck off the defence - Order upheld by District Judge but set aside by High Court - Order of trial Court and appellate Court not perverse - Both the Court below did not exceed their jurisdiction - Held, it was not open to High Court to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 15, Rule 5, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3)-- Suit for recovery of arrears of rent - Both Courts below have concurrently held that petition itself was not maintainable as the property in dispute is not covered by the provisions contained in S.1(3) of 1973 Act - Held, when once it is held that petition/suit is itself not maintainable, no..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 15, Rule 5-- Non-compliance of - Striking of defence - Application of landlord/revisionist for striking of defence of defendant due to no, compliance by tenant, U.O.15.R.5 of CPC has been rejected by observing that defendant has defaulted in complying with provisions contained in O.15.R.5 of CPC but has held..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1-- Consent decree - Appeal - Maintainability - Held, Sub-section (3) of S.96 of the Code enunciates a salutary principle of drawing to a close, once and for all, further litigation arising from out of a decree passed with the consent of the parties - The litigative zeal of the parties was intended..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 15, Rule 5-..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 15, Rule 5-- CPC as amended by State of Punjab is mandatory. - (PandH) Provision of ,O. 15 ,R. 5..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 15, Rule 5-- Striking off defence - Trial Court assessed rent - Conduct of tenant not to deposit rent - Tenant consistent defaulter - From the conduct of tenant it is clear that he had been playing the game of hide and seek - Defence struck off - Order upheld...........

Showing : 21-30 of 59 Results