Showing : 1-10 of 55 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Execution - Redemption of mortgage - Final decree proceedings - Petitioners contended that execution petition is not maintainable, as same is filed for relief of demolition of constructions of building found in suit property when no such prayer was made in preliminary and final decree proceedings..........
DELHI HIGH COURT
Year of decision: 2018
Details
Practice and Procedure-- Question of law - Preliminary objection - Court shall not take into consideration preliminary objection while deciding question of law...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - Petitioner while filing written statement has taken objection with regard to suit being premature on ground of no, invoking of arbitration clause - Petitioner did not move any application u/S.8 of Act before filing of written statement - Such application was to be moved before..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Parameters for amendment of written statement are different then amendment of plaint - Amendment of written statement is to be liberally construed - Keeping in view the fair stand of defendant, amendment in written statement by introducing some paragraphs in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Suit for possession - Amendment sought to add preliminary objection regarding jurisdiction of civil Court to entertain suit as matter relates to consolidation - Proposed amendment would not change nature of case and is necessary for determination of real question..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 92-- Suit u/s 92 CPC with permission of Court - Prayer for revocation of permission - Question as to whether Trust in question is a private Trust or charitable Trust - It is always open to defendant to take objection in this regard - Said issue should not be decided as preliminary issue, as nature of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Due diligence - Suit for mandatory injunction seeking direction to defendants to settle accounts and make payment accordingly for work executed by plaintiff - It was always open to defendants to take preliminary objection on basis of cl.46.0 of tender in written..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 40, Rule 1(S- - Preliminary issue of jurisdiction - If objection to the jurisdiction is raised by the defendants at the time of hearing of the Application for temporary injunction or application for appointment of Court Receiver, it is duty of Court to decide the said objection after framing a preliminary issue..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 20, Order 14, Rule 2-- Territorial jurisdiction - Issue as to - Application to treat issue of territorial jurisdiction as preliminary issue - A specific statement has been made by plaintiff in Para 11 of the plaint coupled with the fact that matter is almost at final stage and plaintiff has to prove jurisdiction as per..........

Showing : 1-10 of 55 Results