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PATNA HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Plaintiffs have no objection to impleadment of petitioners as defendants - Application allowed...........

PATNA HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - If claim of petitioners is without any title, in each and every case, a detailed enquiry is not required U.O.21.Rr.97, 99 CPC...........

PATNA HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - If there is no material to show right and title, mere interest of petitioners would not suffice to maintain their objection U.O.21.R.97 CPC...........

PATNA HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - When title and possession have already been decided, claim of petitioners is thus, without any substantive basis - Merely because their second appeal is pending, same cannot be a ground to obstruct the execution of decree of plaintiff...........

JHARKHAND HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Eviction order - Objections by co-owner u/s 47 CPC - Co-owner was neither D.H. nor J.D. - If in execution, possession is delivered to D.H. then ownership rights of co-owners are not extinguished - If after delivery of possession to D.H. any right, title or interest of co-owner is prejudiced or adversely affected, there..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 16, Rule 1 -- List of witnesses - List of witnesses alongwith gist of evidence of each such witness has to be carried out in respect of only those witnesses, for procuring whose attendance the party needs the assistance of the Court...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 16, Rule 1 -- List of witnesses - If a party of its own, without issuing summons from Court, wants to examine a witness then same cannot be disallowed for the reason that his name is not mentioned in the list provided earlier...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - If a party wants to examine himself after examination of other witnesses, Court will frown upon it and before permitting to examine him, will see that there exists valid reason for doing so - Even oral request of a party may be considered for this purpose...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2024
Details

Criminal Procedure Code, 1973, Section 125 -- Maintenance proceedings - Proceedings initiated u/s 125 Cr.P.C are summary in nature - Findings in these proceedings do not have a binding effect on any other civil or criminal Court...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2024
Details

Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Husband sought quashing of FIR on the ground that wife is not legally wedded wife as per proceedings u/s 125 Cr.P.C - However, findings in these proceedings do not have a binding effect on any other civil or criminal Court - Moreover, said issue is not to be..........

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