Showing : 11-20 of 122 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Bar to fresh suit - Earlier suit was withdrawn on account of developments which were beyond the control of plaintiff - Cause of action to file the present suit arose in favour of plaintiff after service of notice - Held, suit is not barred U.O.23 CPC...........
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..........

Showing : 11-20 of 122 Results