Showing : 11-20 of 115 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Earlier suit for possession dismissed as plaintiffs were not able to prove the termination of tenancy before filing the said suit - Although plaintiffs asserted that notice had been sent but service of notice on tenant was not proved - Subsequent suit for possession is not barred on..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application to set aside ex parte decree filed after two years of service of notice in the execution petition - Application for setting aside ex parte decree is highly belated - Order dismissing application, upheld...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96-- First Appeal - Ex-parte decree - Plea of no, service of notice of suit - Appellate Court cannot proceed on basis that summons was admittedly served on defendant - This plainly is contrary to pleadings and there is no possible justification of the same - Order of First Appellate Court in dismissing..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for declaration and permanent injunction against 102 defendants - Admittedly there is no addresses of defendants separately furnished and no summons to any registered address of defendants issued or obtained - There was not even any service of notice -..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea of no, identifiability of disputed property - Neither said plea was taken by defendant in his written statement nor before first appellate Court - Such plea cannot be raised by defendants directly in second appeal - As regarding plea of no,..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Non-service of summons - Order refusing to grant opportunity to lead evidence by defendant in support of said application - Report of refusal made by Postman is not absolute and it is rebuttable - Evidence can be led by defendant to show that report was falsely..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17-- Ex parte decree - Setting aside - Ex parte decree passed on the basis of publication of notice in a newspaper - Order of service of summons by substituted service, held, not proper, as report of process server attested by a witness but his address not mentioned - In absence of a proper report with..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Recovery of possession - Defendant admitted the relationship of landlord and tenant between her and plaintiff - Defendant's tenancy had been validly terminated by plaintiff u/s 106 T.P.Act, upon issuance of legal notice and if not so, then upon service of summons in suit on..........
DELHI HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 106-- Notice - Termination of tenancy - Once the service of plaint in the suit on defendant is taken as a notice for terminating tenancy, then by applying the provision of O.7.R.7 CPC which empowers the Court to take notice of subsequent events for purposes of moulding the relief in a suit, defendant's..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Mere irregularity in the service of summons or where defendant had notice of date and had sufficient time to appear in Court, Court shall not set aside the ex parte decree...........

Showing : 11-20 of 115 Results