CPC
Suit – Premature filing of a suit – The question of suit being premature does not go to the root of jurisdiction of the court; the court entertaining such a suit and passing decree therein is not acting without jurisdiction but it is in the judicial discretion of the court to grant decree or not
Suit - Premature filing of a suit - The question of suit being premature does not go to the...
Read moreSuit – Premature filing of a suit
Suit - Premature filing of a suit - In our opinion, a suit based on a plaint which discloses...
Read moreCPC O. 9 R. 13 – Setting aside exparte decree – Observations made by the High Court that defendant cannot be permitted to file their written statement can be said to be beyond the scope and ambit of the CMP filed before the High Court
CPC Order IX Rule 13 – Setting aside exparte decree - Prayer in application to condone the delay as well...
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CPC O. 7 R.11 – Jurisdiction – Party cannot be permitted to approbate and reprobate and to take just a contrary stand than taken before the Revenue Authority and the Civil Court
CPC O. 7 R.11 - Appellant – original plaintiff approached the Revenue Authority/Tehsildar he was nonsuited on the ground that...
Read moreCPC O. 41 R. 27 – When specific allegations have been made by the plaintiff in respect of document being fraudulent, then the burden shifts upon defendant No.1/propounder of the document to prove the same to be genuine, because it is a settled principle of law that the person, who claims some right on the basis of document, is required to positively prove the same.
CPC O. 41 R. 27 - When specific allegations have been made by the plaintiff in respect of document being...
Read moreCPC O. 8 R. 1 – Provisions though directory Court needs to exercise due circumspection if there is an attempt to engage in dilatory tactics.
Civil Procedure Code, 1908 (V of 1908) Order 8 Rule 1 - Provisions are no doubt are directory in nature,...
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CPC S. 47 – Limitation – Application that period spent by him in prosecuting application for review be deducted for the period of calculating limitation should be deducted is not acceptable
Civil Procedure Code, 1908 (V of 1908) Order 47 – Limitation Act, 1963 (36 of 1963) Section 9 – Once...
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[P&H] CPC S. 100 – Once a decree sheet has been prepared, the defendant-petitioners cannot merely challenge the order dismissing their application for condonation of delay by filing a revision petition when they have a remedy of filing a second appeal against the decree sheet drawn up
CPC S. 100 - Once a decree sheet has been prepared, the defendant-petitioners cannot merely challenge the order dismissing their...
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CPC O. 9 R. 13 – Ex parte judgment – Set aside with costs of Rs 1.5 lacs.
CPC Order IX Rule 13 - Respondents instituted civil suit of 2004 for specific performance of the contract on the...
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CPC S. 151 , CPC O.18 R.17 – Additional evidence – When the documents sought to be produced in additional evidence goes to the root of the matter, the Court should have been more pragmatic and magnanimous particularly when the dispute is with regard to the public property.
Vijay Sharma, for the petitioner CPC S. 151 , CPC O. 18 R. 17 - Under Section 151 CPC, the...
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CPC O.8 R. 1 – Court below could have permitted to file written statement subject to certain penalty as a deterrent – Provision has been held to be directory in nature – By way of imposition of costs, petitioner shall plant 100 trees of deciduous and perennial in nature,
Civil Procedure Code, 1908 (V of 1908) Order 8, Rule 1 – Provision of Order 8 Rule 1 CPC, ordinarily...
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CPC O 6 R. 17 – By the amendment, a somersault is sought to be taken – Dismissed.
CPC O 6 R. 17 – By the amendment, a somersault is sought to be taken - In WS filed,...
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[SC] CPC S. 152, 153A – On principle when once an order of an original authority is taken in appeal to the appellate authority which is located beyond the territorial jurisdiction of the High Court, it is the order of the latter authority which is the operative order after the appeal is disposed of.
“We therefore feel that on principle when once an order of an original authority is taken in appeal to the...
Read more[PLR] CPC O. 39 R. 1, 2 – Application for ad-interm injunction, dismissed – ADJ, Karnal also directed that operation of impugned order shall remain stayed – ADJ directed to be careful in future and not to pass orders in a mechanical manner. 2022 PLRonline 7354
Civil Procedure Code, 1908 (V of 1908) Order 39, Rule 1, 2 – Application for ad-interm injunction filed by the...
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CPC O. 6 R. 17 – Pleading is required to state material facts and not evidence by which they are to be proved – In written statement plea already taken up that petitioner has got several properties – Amendment giving details of these properties is not required – Tenancy. 2022 PLRonline 7654
Civil Procedure Code 1908 (V of 1908) Order 6 Rule 17 – Amendment of written statement – A pleading is...
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