Showing : 191-200 of 299 Results

KERALA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of suit U.O.2.R.2 CPC - Omission to claim relief in earlier suit - Defendant must establish ingredients to found his plea - Failure to produce necessary pleadings and judgment in respect of earlier case - Defendant is precluded from contending that subsequent suit is barred U.O.2.R.2 CPC...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Agreement to sell - Sale deed to be executed on 10.7.96 - Suit for permanent injuction filed before the stipulated date - Subsequent suit for specific performance - Right to enforce specific performance accured only after date stipulated for execution of sale deed - Suit not barred under Order 2..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 2, Rule 3-- Cause of action - Misjoinder - Recovery of loan - Relief claimed against defendant Company and its Directors - No relief claimed against Insurance company with whom defendant's insurance claim was pending - Suit not bad for misjoinder of causes of action...........
DELHI HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit for partition and cancellation of relinquishment deed - Earlier suit was for injunction against dispossession and against mutation - Plea in earlier suit that defendant had not fulfilled her part of agreement leading to relinquishment - Same cause of action in both suits - Pleadings also..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Provision of O.2.R.2 do not apply where there are different cause of action under the same contract...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 47, Rule 1-- Agreement to sell - Possession delivered - Vendor threatened to interfere in possession - Suit by Vendee for confirmation of possession & permanent injunction - Vendee reserving right to file suit for getting sale deed executed - Subsequent suit for specific performance - Vendor selling property..........
MADRAS HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2-- Rejection of plaint - Agreement - Defendant interfering with possession of plaintiff of constructed portion - Plaintiff filed suit for declaration and permanent injunction restraining defendant from interfering with possession - Plaintiffs claim for ownership based on agreement - Cause of action..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 2, Rule 6-- Clubbing of suit - Prayer for - One suit part heard - Evidence also recorded - Second yet to commence trial - Part heard suit cannot be ordered to be eschewed - Other party at liberty to pray for recalling of witness...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- As per agreement, Mortgage deed is to executed and registered on 1.5.1978 - Suit for permanent injunction filed on 19.10.1977 - Later on, suit for recovery or in alternative suit for possession by way of specific performance of agreement filed - Cause of action for filling subsequent suit arose on..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Agreement to mortgage - Possession delivered - Suit for injunction filed before accrual of cause of action for filing suit for specific performance - Suit for specific performance is not barred U.O.2.R.2 CPC nor suit is barred u/s 11 CPC as issues in earlier suit and suit for specific performance..........

Showing : 191-200 of 299 Results