Showing : 61-70 of 287 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Suit for injunction filed because of imminent threat from defendant of dispossession from the suit property - Cause of action to file suit for specific performance arose during..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Cause of action in two suits different as suit for specific performance could not have been instituted on the basis of cause of action of the first suit - Secondly, merely..........
GAUHATI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for declaration of right, title and interest of plaintiff over suit property along with decree of injunction restraining defendant from dispossessing from suit land - Suit partly decreed declaring title of property as plaintiff failed to make prayer for..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Section 115, Order 2, Rule 2, Constitution of India, 1950, Article 227-- Counter claim - Revision - An order of dismissal of counter-claim being barred by principles of O.2.R.2 CPC cannot be set aside in exercise of revisional jurisdiction u/s 115 CPC or in exercise of power of superintendence under Art.227 of Constitution - It has the status of decree and is to be..........
DELHI HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier divorce petition on ground of cruelty withdrawn with permission to file fresh petition after properly verifying the petition - Ground of adultery not taken in earlier divorce petition - Allegations of cruelty pertain to period prior to filing of the earlier divorce..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for injunction filed when cause of action for claiming relief of specific performance was available - Suit for specific performance filed subsequently - Held, suit for specific performance is barred U.O.2.R.2 CPC...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - All claims emerging from a cause of action have to be included in one suit and a second suit for a claim on a cause of action would be barred unless leave of Court is obtained - Where a plaintiff who is entitled to a larger interest in the property claims only a smaller..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 3-- Rejection of plaint - Misjoinder of parties - Two different parties have been properly joined - Plaintiffs No.1 & 2 are husband and wife and they had entered into a lease and hire agreement with defendants - Whether terms of hire agreement was co-terminus with lease agreement are questions of..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2(3), 151-- Amendment of plaint - Suit for recovery of physical possession of suit property - Amendment sought to claim damages and mesne profits towards rent and hire charges - Amendment sought will avoid multiplicity of proceedings and cause no prejudice to defendants - Plaintiffs are otherwise entitled to..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2- - Suit to contain whole claim - Relief of specific performance if any admittedly was available to plaintiff at the time of filing of suit as any relief U.O.2.R.2 CPC is to be given by Court on such grounds which are pleaded in their application - If Court is satisfied that reasonable grounds..........

Showing : 61-70 of 287 Results