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DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and permanent injunction on the basis of Will and Codicil - Testator of Will is still alive thus plaintiff has no cause of action to file the suit, as contended by defendant - However, documents in question are created in praesenti - From the averments of document,..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Words "commencement of trial" used in Proviso to O.6.R.17 CPC must be understood in limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Amendment sought on the ground that more elaborative details of suit property has to be given - Due to error of typist some words have been left out and amendment itself will not change nature of suit - Words sought to be added by way of amendment to describe the property are..........

DELHI HIGH COURT

Year of decision: 2017
Details

Suit for declaration -- Possession - Permanent injunction and damages - Plea of plaintiff that he purchased the property individually - Plea of defendants that property in question was jointly purchased by plaintiff and defendant - Both the parties failed to prove title documents - However, plaintiff was in prior possession of suit property and his prior possession not..........

SIKKIM HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and recovery of possession - Claim of plaintiffs are that suit properties illegally transferred in the names of defendants - However, documents relied upon by plaintiffs does not support their claim - Thus, there are pertinent questions that require to be delved into..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Recovery suit against company and its partners - Petitioner only a manager employee of company - Indeed, petitioner in his capacity as manager may be preparing account books and other documents of company - Even if accepted for sake of arguments that petitioner misappropriating funds or forging..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Clean hands - Suppression of material facts of issuing notice, reply notice and also final notice - Contention of plaintiff that original title deed not handed over to her also found to be false from her own statement - Entire pleadings as well as documents filed by both sides, clearly prove the fact that plaintiff has not come..........

KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 92 -- Leave to file suit u/s 92 CPC - Plaint allegations and not allegations in the leave has to be considered - It is plaint allegation alone which need to be considered for the purpose of leave along with documents produced with the plaint...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Documents not filed alongwith written statement - Allowed to be filed after closure of evidence by defendant - Documents were certified copies of judgment and decree passed by Civil Court in previously instituted suit between the same parties which are per se admissible in evidence and same..........

SIKKIM HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Court has power to order production of document in the possession or power of any party, at any time during the pendency of a suit, upon oath, which relates to any matter in question in such suit, as the Court thinks right and deal with the document as appears just...........

Showing : 91-100 of 359 Results