Showing : 261-270 of 1259 Results

ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Second suit - Dismissal of first suit for want of prosecution - Second suit with a different relief based upon a separate cause of action is not barred U.O.9.R.9 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Maintainability of suit - Suit not barred on the simple reading of plaint averments - If for deciding maintainability of suit, written statement or evidence is to be considered, then it is appropriate to frame an issue regarding suit being so barred and permit parties to adduce evidence on the..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13- - Ex parte decree - Setting aside - Partition suit - Final decree - Fresh summons need not to be served after passing the preliminary decree - Passing of preliminary decree does not decide the suit finally - Preparation of final decree is continuation of the same suit - Cause shown for non..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 114, , Section 27- - Ex parte decree - Setting aside - Presumption of service of summons - Summons were not sent through post as such presumption of service u/s 114 Evidence Act and S.27 General Clauses Act cannot be raised on the basis of endorsement of refusal by process server - Held, in absence of service of..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 102, 4, 114- - Ex parte decree - Setting aside - Service of summons - Presumption - Burden lies upon plaintiff to prove the report of process server was correct - On the denial of service by defendant, presumption raised under the Act on the basis of expression `may presume' stood rebutted and burden is shifted..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Report of process server that defendants are not residing at the given address - After five days Vakalatnama was filed by an Advocate followed by written statement where virtually admissions were made and finally a family settlement deed - Court compared the..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal in default - Bar of fresh suit - Cause of action in first suit is demolition of Nali and encroachment of land at the behest of Gram Sabha - Whereas cause of action in subsequent suit is construction of road without acquisition of land and payment of compensation by P.W.D - Cause of..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Ex parte decree - Setting aside - No sufficient cause shown for absence of defendant and his counsel - Decree rightly not set aside...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte Decree - Setting aside - Sought after five years of passing of decree and delay condonation application filed after ten years of filing application - Ground stated that counsel failed to inform about the passing of decree - Petitioner made no efforts to inquire about status of case which..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 9-- Failure to file written statement or when defendant is proceeded ex parte - There is not to be an automatic decree - Court is duty bound to diligently ensure that plaint stands proved and the prayers therein are worthy of being granted...........

Showing : 261-270 of 1259 Results