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Results of o 9 r of civil procedure code

Showing : 51-60 of 2486 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of suit land - When there is a boundary dispute between parties, then it is in the interest of justice to appoint Local Commissioner for demarcation of land, because same facilitates Court in arriving at a just conclusion in order to dispense justice between parties...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of suit land - Encroachment by defendant - Boundary dispute between parties - Plaintiff earlier approached Revenue Authorities, but no action was taken by said authorities to carry out demarcation of land - He was not having any other option but to approach civil Court - Trial..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Plea of encroachment of land by defendant - Demarcation of suit land - Encroachment has to be proved by petitioner and for this purpose Local Commissioner cannot be appointed to collect evidence for either party - Nothing on record to suggest that petitioner approached Revenue Authorities for demarcation..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Report of Local Commissioner - Objections with regard to no, fixing of pucca points and jhandis at time of demarcation - These objections are contrary to what has been recorded in demarcation report that gives detailed account qua fixing pucca points and then ascertaining other points from pucca points - Local commissioner..........

TELANGANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application within 30 days of passing of ex parte decree - Parties engage Advocate and rely on Advocate to take care of their interests, if they are not properly advised by Advocate and when they immediately approach Court within stipulated period of limitation, Court cannot dismiss said..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 9, Punjab Package Deal Properties (Disposal) Act, 1976, Section 16 -- Jurisdiction - Jurisdiction of Civil Court to try matter, was not opposed by appellants during course of arguments, which is reflected in judgment passed by Trial Court - Where question of title to property is involved, it cannot be said that jurisdiction of Civil..........

GUJARAT HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 3, 4, Hindu Marriage Act, 1955, Section 13(1), Family Courts Act, 1984, Section 7(1)(g) -- Suit for divorce - Dismissal in default - Application for restoration - Parallel proceeding of child custody still pending, judgment is not pronounced therefore bonafide belief of petitioner cannot be unnoticed - Parties must be given a fair..........

GUJARAT HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Power of Court - Court has power to set aside dismissal and shall appoint a day for proceeding with the suit the moment Court satisfies about sufficient cause shown by plaintiff...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Claim of right of staircase and path as easementary right - No boundary dispute - Plaintiff to prove his easementary right - Court is not to create evidence for the party to prove its case - Application rightly dismissed...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 9 -- Legal representatives - Substitution of L.R's without proposed legal representative being properly served and without affording them an opportunity of being heard - Impugned order set aside...........

Showing : 51-60 of 2486 Results