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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 1, 2, 17 -- Unamended pleadings - Admission made in unamended written statement can be used by Court unless it has been successfully explained to be erroneous in subsequent pleadings and evidence...........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 16, Rule 1(2), Civil Procedure Code, 1908, Order 12, Rule 2 -- Plaintiff as defendants witness - Provisions of O.12.R.2 and O.16.R.1(2) are not applicable - O.12.R.2 CPC does not enable the defendant to compel plaintiff to enter witness box to give evidence - O.16.R.1(2) is also not applicable as this provision does not deal with right of..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Rent petition - Dismissal in default - Restoration - Appeal against order dismissing application U.O.9.R.9 CPC - Such appeal is maintainable as per scheme of CPC, until otherwise specified by Government by way of issuance of an appropriate notification...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 33, Rule 1 -- Application by defendant for amendment of reply to application U.O.33.R.1 CPC filed by plaintiff has been dismissed - Amendment sought to be incorporated has been extracted in order which reveals that it is explanatory as after certain paragraph, word to word was sought to be..........

ORISSA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Defendants alleged that some of properties are not partiable and they became exclusive owners of suit property after death of their father - In view of said stand, defendants shall begin first - Only when defendants lead some evidence in proof of their case, plaintiff shall be obliged to lead..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary and proper party - Question of mistaken identity cannot be gone into in a suit for specific performance - Parties in question neither necessary nor proper party to lis, as plaintiff does not claim anything against them - Application dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit with liberty to file fresh suit - Bar to file fresh suit - Suit for permanent injunction - Previous suit for injunction dismissed on twin grounds that there is no threat qua interference in his possession or dispossession by forcible and illegal means and suit is bad for want of notice u/s 49 of SRA -..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Pre-requisites to grant injunction - Unless and until, the affidavit filed in support of injunction application makes out prima facie case and deponents states on oath that balance of convenience is in his favour and there is risk of irreparable loss - Court cannot grant injunction...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 6, Rule 1 -- Temporary injunction - Non-pleading of pre-requisites - No pleading in counter affidavit about prima facie case, balance of convenience and irreparable injury which are essential ingredients U.O.39.Rr.1, 2 CPC - Burden is on deponent of affidavit to state on oath that these..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 18, Rule 1, 2 -- Right to begin - Application by plaintiff for issuance of direction to defendant to lead evidence first - Court does not have power U.O.18.R.1 CPC much less U.O.18.R.2 CPC to entertain application of plaintiff for issuance of directions to defendant to lead evidence first - Right to begin will always be with plaintiff..........

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