CPC
CPC O. 2 R. 2 – Applies only to the suits instituted by the plaintiff.
CPC O. 2 R. 2, Applies only to the suits instituted by the plaintiff - Does not bar any defendant...
Read moreCPC O. 9 R. 13 – Service upon an adult member of a family whether literate or illiterate, is a valid service
CPC Order 9 Rule 13 - Service upon an adult member of a family whether literate or illiterate, is a...
Read moreCPC O. 5 R. 15 – Non compliance of – Affect of
CPC, Order 5 Rule 15 - Non compliance - Court concurs with the submission that provisions of Order 5 Rule...
Read moreCPC O.1 R. 10 – Application for impleadment can be filed at any stage
Plea that application under Order I Rule 10 CPC could not have been entertained at a stage when arguments had...
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CPC O. 39 R. 1, 2 – Land situated within ‘lal lakir’ or ‘lal dora’ – Possession – rapat roznamcha is required to be entered for the purpose of purchase and sale of the land situated within ‘lal lakir’ or ‘lal dora’
CPC O. 39 R. 1, 2 – Land situated within 'lal lakir' or 'lal dora' – Possession - Plea that...
Read moreCPC O.18 R. 3 – Order 18, Rule 3 of the CPC would not give a right to the plaintiff to lead evidence in rebuttal on issues in which the onus of proof is on the plaintiff
CPC O.18 R. 3 - Order 18, Rule 3 of the CPC would not give a right to the plaintiff...
Read moreCPC, Order 21 Rule 37 – Execution – Arrest of the JD – Show cause notice is required to be issued calling upon the judgment debtor with regard to the payment of decretal amount, failing which the judgment debtor was liable to be arrested – The executing Court is required to record a positive finding as there is no possible way to satisfy the decree except by way of arrest of the judgment debtor.
CPC, Order 21 Rule 37 - Execution - Arrest of the JD - If Section 51 CPC is read in...
Read moreCPC S. 89 – Court fees – Is refundable wherever there is any settlement
CPC, Section 89 – S. 89 CPC shall cover, and the benefit of Section 69-A of the Tamil Nadu Court...
Read moreCPC O. 7 , R. 11 – Haryana Cooperative Societies Act, 1984, S. 102 – Issue of jurisdiction would not be attracted in this case since the matter is not with regard to management or business of the society – Fraud – Suit shall lie.
CPC O. 7 , R. 11 - Haryana Cooperative Societies Act, 1984, S. 102 - Issue of jurisdiction would not...
Read moreCPC O. 21 R. 14 – Application seeking directions to defendants to produce the original account books, original resolution register, original register of notices of meeting for inspection of plaintiff – Prayer rightly declined as same are not relevant to the main relief claimed by the plaintiff as admittedly names of both the trusts are different.
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CPC S. 100 – Concurrent findings of facts recorded by both the Courts below – Unless the concurrent findings recorded by the courts below were found to be perverse, the same were not required to be interfered with by the High Court in exercise of powers under Section 100 of CPC.
CPC S. 100 - Concurrent findings of facts recorded by both the Courts below - Unless the concurrent findings recorded...
Read moreCPC O. 7, R. 11(d) – Trial Court must remember that if on a meaningful and not formal reading of the plaint it is manifestly vexatious and meritless in the sense of not disclosing a clear right to sue, it should exercise the power
CPC, 1908, O.7, R.11(d) - Disclosure - The trial Court must remember that if on a meaningful and not formal...
Read moreCPC O. 7 R. 11 – An application under Order VII Rule 11 of the CPC can be filed at any stage
CPC, 1908 - Order 7 Rule 11 - Rejection of plaint - An application under Order VII Rule 11 of...
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CPC O. 7, R. 11(d) – Plaint – Bar of limitation – Rejection of plaint – Suit for declaration and possession – Application filed after 15 years of filing of suit
CPC, 1908, O.7, R.11(d) - Plaint - Bar of limitation - Rejection of plaint - Suit for declaration and possession...
Read moreCPC O. 23 R. 3A – Fraud – Scope of the bar under Order XXIII Rule 3A of the C.P.C ?
CPC, 1908 - Order XXIII Rule 3A – Fraud - Scope of the bar under Order XXIII Rule 3A of...
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