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HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10-- Death of defendants - Substitution of assignees - Pre-suit assignment - Assignment occurred prior to institution of suit - Pre-suit assignment or creation or devolution of interest, does not attract provision of O.22.Rr.4, 10 CPC, particularly when assignees abandoned his befitting solitary locus..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10-- Death of defendants - Substitution of assignees - Pre-suit assignment - Assignment occurred prior to institution of suit - Though assignees empowered to be arrayed as party defendants at the inception of lis, but since they enable to seek their impleadment, they abandoned/waived their rights to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 12(2)-- Second opinion of expert/CFSL on signatures of Will in dispute - Permissibility - Ordinarily at the stage of evidence of plaintiff, Will in question should not be sent for second opinion on request of defendants, as defendants can lead evidence at the stage of defendant's evidence to rebut the..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Restoration application - Stamp proceedings - Proceedings heard in absence of petitioner - Petitioner had not put in appearance and only by presuming service of notice Additional Collector proceeded with the matter - Even recall application filed by petitioner dismissed without giving any finding..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Section 151-- Striking out pleadings - In written no ground raised regarding striking of pleadings - Pleadings which are being objected have been framed as issues - Petitioners right to exclude the pleadings shall be adjudicated when issues are decided...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9-- Appointment of local Commissioner - Suit land was already demarcated and report of such demarcation exist on record - No fresh demarcation of land could have been ordered at this stage, particularly, when demarcation previously conducted was acceptable to plaintiff also - Application for..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Oral compromise - Suit dismissed as withdrawn - Recall of order - Plaintiff was persuaded to withdraw their suit on being induced by sheer misrepresentation which was not intended to be acted upon by defendant - Plaintiff believed the defendant and abandoned his suit - For making false..........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Jurisdiction u/s 151 not to be invoked in a manner which is inconsistent with the specific provisions contained in the Code...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7-- Appointment of Local Commissioner - Order u/s 151, or U.O.39.R.7 CPC is a matter of trial Court's discretion to be exercised in respect of facts of which it seeks information...........

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