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PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Court Fees Act, 1870, Section 7(iv)-- Court fees - Suit for declaration - Relief of possession not sought as plaintiff claiming himself to be in possession - Plaintiff to value the relief of declaration u/s 7(iv) of the Act and there is no need for an ad valorem Court fee on a valuation of suit property. (Para 4) Civil Procedure Code,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Parties to earlier suit for declaration and subsequent suit for possession same - Subject matter and relief claimed in both the suits entirely different - Even matter in issue directly and substantially in both the suits is not same - Provision of S.10 CPC not applicable..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit dismissed against Defendant No.1 for non filing of process fee - Delay of 15 years - In such like matters, application should not be dismissed on the ground of limitation and Court to take a lenient view - Application allowed so as to give finality to the litigation because..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - For applicability of S.10 of the Code there has to be a duly instituted previous suit between the same parties in which the issue is directly and substantially the same - Subsequent suit cannot be stayed when plaint in previous instituted suit was rejected on ground of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Power of Attorney Act, 1882, Section 1A, 2-- Power of attorney - Scope of authority - Suit for specific performance - Power of attorney executed with respect to earlier agreement of 1993 and not with respect to agreement of 1995 - However, power of attorney holder entered into compromise and transferred 65% share of plaintiff to subsequent..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for specific performance - Subsequent purchasers - Part of suit property purchased by petitioner after date of agreement to sale, which is subject matter of suit in question - Petitioner clearly fall within the category of subsequent purchaser and would definitely be..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Subsequent events - Amendment sought to incorporate certain acts committed by petitioners subsequent to filing of suit - Proposed amendment is continuation of what is already averred in the plaint - Said amendments thus, not change the nature of suit - Amendment necessary for..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Eviction suit - Amendment sought based on subsequent event when plaintiff refused to accept the amount sent by defendant and denied the relationship of landlord and tenant between parties - Said amendment clearly appears to be an attempt to create evidence during..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 14-- Benefit of S.14 of the Act - Partition suit - Earlier suit was dismissed for reason of award being not registered under Registration Act - Subsequent suit filed for partition of same properties - Both prior and subsequent proceedings are civil proceedings prosecuted by and between the same parties..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Ready and willing - Conduct of plaintiff subsequent to execution of agreement and prior to filing of suit along with attending circumstances and also financial capacity of payment for the purpose of his part of agreement must be considered by Court for determining his..........

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