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Results of o 2 r civil procedure code

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Showing : 201-210 of 372 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Plaintiffs in earlier suit and present suit are different - Earlier suit was for permanent injunction whereas present suit is for permanent injunction and for mandatory injunction directing the defendants to remove their tube wells from the suit land - Earlier suit was dismissed as..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Earlier suit for perpetual injunction - Fresh suit for declaration and possession - Both the suits do not belong to the same category - Question of splitting them does not arise - Both the suits are mutually exclusive...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of suit U.O.2.R.2 CPC - To attract the provision, defendant is required to prove specifically the pleadings of the previous suit...........

GAUHATI HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 2, Rule 4 -- Joinder of cause of action - Leave of Court - Provision of O.2.R.4 CPC has no application to suit for partition of ancestral property - It applies only to suit for recovery of immovable property...........

DELHI HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 - Plaint cannot be rejected - Court can frame an issue and decide the identity of the causes of action between the earlier suit and the later suit and can decide the same on basis of evidence led by parties - Plaint cannot be rejected on the bar of O.2.R.2 CPC...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 2, Rule 3, Trade Marks Act, 1958, Section 27, 106, Trade and Merchandise Marks Act, 1958, Section 62(2), 55, Trade Marks Act, 1999, Section 134 - - Infringement - Composite suit of infringement under Copyright Act claiming ownership and relief for passing off under Trade Marks Act would not lie in the same forum..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Relief available but not claimed - Cannot be claimed in subsequent suit...........

BOMBAY HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Joint Family Properties - Suit for partition - Whole of properties not included - Second suit for partition of left out properties - Not barred U.O.2.R.2 CPC. - A portion of the joint property when excluded from partition by mistake, accident or fraud then such property remains to be the joint property of the family and it..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for injunction filed when cause of action had accrued to file suit for specific performance - Subsequent suit for specific performance is barred U.O.2.R.2 CPC...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Relinquishment of part of claim - If a person is entitled to more than one reliefs in respect of same cause of action he may sue for all but he shall not be allowed afterwards to sue for that part of relief which he omitted at the time of filing of first suit - In the present case cause of action to file suit for specific..........

Showing : 201-210 of 372 Results