Showing : 61-70 of 153 Results

PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment - Scope - Held, O.1.R.10(2) CPC does not speak about the right of a no, party to be impleaded as a party - It speaks about judicial discretion of Court to strike out or to add parties at any stage of a proceeding - Discretion under said Rule can be exercised either suo motu or on..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment - Intervener - There is no finding recorded by Court below that in absence of interveners relief claimed by plaintiff cannot be granted in his favour - On other hand, nature of claim stated by intervener appears to be not entertainable and is not related to claim of plaintiff - Held,..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 22, Rule 4(3)-- Substitution of LR's - Plaintiff filed application within period of 90 days from death of defendant - LR sought to be substituted filed reply without mentioning the date of death of original defendant - Abatement of suit sought by LR relying upon statement of some third person regarding date of..........
PATNA HIGH COURT
Year of decision: 2011
Details
Court Fees Act, 1870, Section 7-- Partition suit by purchaser - Court fee - Held, purchaser has the right to sue for partition - No ad valorem court fee is payable...........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 144-- Simple suit for partition - Witnesses have stated that plaintiff was in possession - There is neither any pleading of ouster nor there is any evidence in support of the ouster - Held, right to sue for partition is recurring right - No limitation is applicable nor cause of action will cease after..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 40, Rule 1-- Receiver - When to be appointed - Held, a receiver can only be appointed after Court is satisfied that party has prima facie an excellent chance of success in the suit and that there is some emergent danger to property demanding immediate action...........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Pleader Commissioner sought for demarcation of suit land prior to delivery of possession in favour of decree holder - Denial as to - Validity - Boundary and area of land specifically mentioned in decree - Executing court opined that without appointment of commissioner, delivery of..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Applicability - In earlier suit, dispute was only regarding obstruction by making construction of wall by defendant on the drain - Parties were not fighting with regard to their title and possession with respect to any property - Nor there is any finding nor any issue was framed in..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 97, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 12-- Eviction - Recovery of possession - Tenant compromised eviction suit with landlord and agreed to vacate suit premises within stipulated period as reported in the compromise decree - Tenant did not vacate suit premises within stipulated time - Execution filed - In Execution present petitioner..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Eviction suit - Impleadment of pendente lite purchaser - Eviction suit filed by owner - Disputed premises sold during the pendency of suit - Subsequent purchaser sought addition as co-plaintiff - Court below allowed his prayer - Validity - Held, order passed by Court below proper - No interference..........

Showing : 61-70 of 153 Results