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Results of set aside civil procedure code

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Showing : 601-610 of 2593 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Once there is report of refusal, it is mandatory that process server be summoned in the Court and examined while giving..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court formulated six substantial question of law - High Court committed an error as it framed two additional questions in the judgment itself - It caused prejudice to the rights of the parties who suffered the adverse order, as it had no knowledge about framing of two additional questions inasmuch as they were..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Auction sale - Setting aside - Application U.O.21.R.90 CPC to set aside sale on the ground of material irregularity dismissed and sale confirmed - Objector is precluded by virtue of provision U.O.21.R.92(3) CPC from bringing a fresh suit to set aside sale on the same grounds...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 47, Order 21, Rule 90, 92 -- Auction sale - Setting aside - When auction purchaser is DH himself and when an application is made to set aside sale on a ground other than that covered by O.21.R.90 CPC and no application has been made U.O.21.R.89 CPC, case would fall u/s 47 CPC...........

JHARKHAND HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 9, Rule 7 -- Death of defendant - Ex parte hearing against LRs of deceased defendant - LRs failed to file additional written statement - Suit cannot be set for ex parte hearing against such LRs, as they may choose to adopt written statement filed by original defendant...........

JHARKHAND HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte hearing - Setting aside - Death of defendant - Suit was set for ex parte hearing against LRs of deceased defendant, as they failed to file additional written statement - Though LRs have not taken steps in the matter, but they have offered plausible explanation for such default on their part, as they were not..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 21, Rule 37, 66 -- Execution - Money decree - Conditional warrant of arrest - Sum involved is Rs.8,37,915 - Once property of JD is attached and order passed for filing application U.O.21.R.66 CPC, said procedure is to be followed to sell property and recover amount - Remedy of arrest and detention of JD is extra ordinary remedies and..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Non filing of written statement within stipulated time - Condonation of delay - Provision of O.8.R.1 CPC though, procedural in nature and hand maid of justice - However, that does not mean that defendant has right to take as much time as he wants in filing written statement, without giving convincing and cogent reasons for..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151 -- Additional evidence - To prove valid execution of Will in question - Will set up by plaintiff is a registered Will, execution whereof is admitted by defendant - Court below, thus, ought to have permitted plaintiff to lead additional evidence to prove valid execution of Will in the interest of justice - Moreover, no prejudice is..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Proceedings u/s 47-A of Stamp Act - Petitioner impleaded in lis after expiry of statutory period of 4 years as provided u/s 47-A(3) of Stamp Act - No case can be brought against petitioner as per S.47-A(3) of the Act - Impleadment wrongly allowed, as impleadment cannot be done of a person by which he..........

Showing : 601-610 of 2593 Results