Showing : 41-50 of 75 Results

CALCUTTA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Divorce petition filed by wife and thereafter husband filed petition for restitution of conjugal rights - In case wife obtains decree in that event there will be no need to proceed with the subsequent suit - Same parties - Issues in both suits in strict sense not the same..........
DELHI HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - No sufficient cause shown for setting aside the exparte judgment and decree - A party served with summons at the commencement of the hearing of the suit is not required to be served with subsequent notice, which was necessitated because that party has chosen to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Suit for specific performance - Impleading of subsequent purchaser during pendency of suit and in violation of the stay order - Subsequent purchaser already filed a suit for declaration that he is a bonafide purchaser - Application dismissed...........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 10-- Pendency of execution proceedings in the previously instituted suit is not a ground to stay the subsequent suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Description of property in dispute in both the suits different - Plea that there is change of khasra and khatauni numbers which are duly explained - Held, at the stage of deciding application u/s 10 CPC there is no evidence or document on record to prove the plea - Plea..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Suit property and parties in both suits different - Even relief claimed in both suits different - Relief claimed in the second suit not the subject matter of first suit - Dismissal of application - Order upheld...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - S.10 CPC forbids trial of any suit in which the matter in issue is also directly or substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any of them claim litigating under the same title where such suit is..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - A new party added in the subsequent suit - Does not oust the application of S.10 CPC on the ground that all the parties in the subsequent suit are not the same as in the earlier suit, when the dispute in both the suits pertains to the same dispute which is a subject..........
ORISSA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Where S.10 CPC has no application, in appropriate cases the Court could exercise its inherent jurisdiction u/s 151 CPC for ends of justice...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Second suit involved different issues as compared to the first suit - Second suit not entirely identical to the first suit - All the findings recorded in the second suit would not operate as res judicata in the first suit - Application dismissed - Order upheld...........

Showing : 41-50 of 75 Results