Showing : 681-690 of 1219 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Appeal - Withdrawal of appeal and suit sought - Withdrawal of only appeal allowed - Court cannot split the statement in two parts - Order set aside - Matter remitted back for decision afresh in accordance with law...........
MADRAS HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Petition U.O.37.R.4 CPC to set aside ex parte decree - Besides giving special circumstances which prevented from appearing or applying for leave to defend it has also to be shown by affidavit or otherwise, facts which entitle him leave to defend the suit - Without details of defence petition..........
ORISSA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 47, Order 6, Rule 17-- Amendment of application u/s 47 CPC - Application rejected by holding that if amendment is allowed the same will change the nature and character of the application u/s 47 CPC - Court below recorded no finding as to whether amendment is necessary for the interest of justice and proper adjudication..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123-- Ex parte decree - Setting aside - Thumb impressions of some body else on summons - Trial Court set aside the ex parte decree by holding it to be the result of fraud - Decree passed in 1980 but application to set aside it filed in 1997 when served in execution petition - Certified copy of decree..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 21, Rule 37-- Maintenance pendente lite - Execution petition - Arrest and detention - Procedure prescribed is to be followed - Scope of enquiry is as to the means, possessed by J.D. and his disinclination to pay the decretal amount - Order of detention set aside as prescribed procedure not followed...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Trial Court dismissed application - Appellate Court set aside exparte decree - High Court in revision set aside the order of appellate Court and restored the exparte decree - Held, High Court in revision can interfere only when order of appellate Court is perverse..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 1-- Substitution application - Filed before decision of case - Due to inadvertence order not passed - Can be allowed afterwards also - When so allowed judgment cannot be set aside on the ground that it is in favour of a dead person...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Non appearance despite receipt of notice for the reason that it was in Hindi which language they do not know - Summons however was issued both in Hindi as well as in English - Exparte decree can be set aside only on being satisfied that summons were not duly served..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 16, Rule 10-- Witness - Refusal to accept service of summons - Bailable warrants issued - Witness still not present - Non bailable warrants issued - Report of refusal of non bailable warrants - Court instead of initiating action with regard to the attachment of his property ordered closure of evidence -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - So long it is not set aside it is binding on parties - Exparte decree is as good as a decree obtained after contest...........

Showing : 681-690 of 1219 Results