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KERALA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of petition - Withdrawn of petition filed by one of spouses against other to live together, as a result of mediation, it cannot be treated as a relinquishment of claim against other forever, notwithstanding change of circumstance in future...........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - No sufficient cause shown by plaintiff to seek permission to file a fresh suit on same cause of action - Suit cannot be dismissed without affording an opportunity to decide whether plaintiff wishes to withdraw suit even though opportunity for filing fresh suit was denied -..........

KERALA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim prohibitory injunction - Plaintiff prima facie proved his title and possession over suit property - However, no material on record to show that defendant was ever in possession of plaint schedule property - Merely because plaintiff is working in Italy as a priest, it cannot be said that plaintiff is not having..........

TELANGANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Paternal grandmother of plaintiff seeking her impleadment in the suit - However, suit filed in the year 2014 and application for impleadment filed in 2019 - Paternal grandmother of plaintiff being head of family must have knowledge about family affairs and also about institution of..........

CHHATTISGARH HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Partition suit filed by wife against husband - Husband during subsistence of his marriage with plaintiff/wife remarried `J' - Children born out of said marriage are illegitimate sons and daughters for purpose of S.16(3) of Hindu Marriage Act and would only be entitled for partition in self acquired..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Petitioner claimed title to property in question - He is thus, a necessary party to suit - Application rightly allowed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - If suit property itself is stated to be a passage of any nomenclature or kind, then any person having property abutting to suit land has a right to dispute the attempt of plaintiffs and to show the same to be public street and any such person has to be taken as a proper..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - Suit property pertains to a passage/street which plaintiffs claim to be their exclusive street - Whereas, original defendant and added defendants both are claiming said street to be a public passage - Although said question is a matter to be decided by trial Court on..........

BOMBAY HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Delay of 105 days in filing application - Defendant is uneducated having no knowledge of law - Application filed prior to commencement of trial - Prima facie application shows sufficient cause for condoning delay - Trial Court condoned the delay of co-defendants by..........

PATNA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 46, Rule 1 -- Reference - O.46.R.1 CPC restricts references with regard to such of those matters which are appealable - Reference has to be only on a question of law and not on fact...........

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