Showing : 31-40 of 703 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh suit - Order allowing withdrawal of suit without there being specific mention of the fact of granting liberty to plaintiff to file a fresh suit - Plaintiff in his statement clearly stated that he wants to withdraw the suit with liberty to file fresh..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1-- Withdrawal of suit - Recall of order - Order can be recalled not only in case of proved fraud, but same can be recalled by Court, ex debito justitiae, if it is satisfied that withdrawal of suit was engineered by defendants by deceit which would include constructive fraud, inducement and..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh - Formal defect - Suit for declaration and permanent injunction - Plaintiffs claiming themselves to be trustees of temple - They also claiming right to manage temple - Earlier proceedings initiated with third parties were not mentioned in plaint, as..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17-- Abandoning suit against defendant No.5 - Amendment of plaint - Suit for permanent prohibitory injunction - Plaintiff has right to abandon his suit or part of claim against all or any of defendants - Trial Court while allowing application has imposed costs of Rs.500 on plaintiff payable to..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 3B(2)-- Representative suit - Notice to members of society - Suit instituted by a member of society for realization of money allegedly due from society - Cannot be considered as a representative action for purposes of O.23.R.3-B(2) Explanation (d) CPC, as decree that may be passed in suit/appeal binds..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, Court Fees Act, 1870, Section 6(2), 6(3)(As-- Amendment of plaint - Amendment sought to abandon part of claim and thereby reducing valuation of suit, after determining that the plaint is insufficiently stamped - Application is maintainable - Right to abandon a part of claim inheres in plaintiff and is recognized by O.23.R.1 of CPC and such..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1-- Withdrawal of suit when it was fixed for final arguments - Allowing application at this stage would amount to filling up lacuna or defect which occurred in the suit - Order rejecting application, upheld...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1-- Bar of subsequent suit - Once earlier suit for possession and injunction was decreed and appeal against the same was also dismissed, subsequent suit for permanent injunction in respect of same property cannot be maintained as per provisions of O.2.R.2 as well as O.23.R.1 CPC - Trial Court in case..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(1)-- Withdrawal of suit - A mere withdrawal of suit without seeking anything more can always be permitted - Defendant has no right to compel plaintiff to prosecute suit by opposing withdrawal of suit sought by plaintiff except to claim cost for filing a suit against him...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with permission to file fresh suit on the same subject matter - Defendant can object to such prayer made by plaintiff - In such event, it is for Court to decide as to whether permission to seek withdrawal of suit should be granted to plaintiff and if so on what terms...........

Showing : 31-40 of 703 Results