CPC Archives - Page 4 of 5

CPC O. 30 – Existence of the provisions of O. XXX in the Code does not mean that a plaint filed in the name of a firm doing business outside India is not a suit infact by the partners of that firm individually

A case of a partnership firm where this Court pointed out that Sec. 4 of the Partnership Act uses the ...

Service matter – Wilful misconduct and negligence simplicitor are not inter changeable terms

Specific Relief Act S. 22 (2) – CPC O. 6, R. 17 – Amendment of

Specific Relief Act, 1963, Section 22 (2) - Civil Procedure Code 1908 (V of 1908) Order 6, Rule 17 – ...

Jasbir Singh v. Amrik Singh, 2022 PLRonline 0495

PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Manoj Bajaj. JASBIR SINGH – Petitioner, Versus AMRIK SINGH – Respondent. CR-3306-2022 ...

CPC O. 6 R. 17 – The admission, as such, which was made regarding the relationship was, thus, sought to be withdrawn by way of proposed amendment and a totally new and inconsistent case is sought to be set up and would cause serious prejudice to the plaintiffs and alter the character of action – Not permissible

Civil Procedure Code, 1908 (V of 1908) Order 6, Rule 17 – In the written statement filed, it was admitted ...

CPC – We have, however, serious reservations as to whether the civil court could hear a defendant before registering a plaint

Practice and procedure - CPC - We have, however, serious reservations as to whether the civil court could hear a ...

Specific performance – Material questions, which are required to be gone into for grant of the relief of specific performance, enunciated

Specific performance - Relief of - Grant of relief of specific performance is a discretionary and equitable relief- Material questions, ...

Interpretation of Statutes , — Plain meaning Civil Procedure Code, 1908 (V of 1908) , Preamble

Interpretation of Statutes , — Plain meaning Civil Procedure Code, 1908 (V of 1908) , Preamble— Per Das J. : ...

COI Art. 227 – Revision – Scope of interference is limited.

CPC O.9 R. 13 – Litigation should not be determined by default

CPC O. 9 R. 13 - Ordinarily, a litigation is based on adjudication on the merits of the contentions of ...

Pronouncement of judgment is also a stage in the case

Civil Procedure Code, 1908 (V of 1908) - Pronouncement of judgment is also a stage in the case just as ...

CPC S. 104 – Procedure prescribed under Order XLIII, Rule 2 CPC applies

CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

Add title Right of appeal under Section 96(2) CPC is a statutory right. Civil Procedure Code 1908 (V of 1908), ...

CPC O.11 R.14 – Order to petitioner to produce documents – Upheld.

Civil Procedure Code, 1908 (V of 1908) - Order XI Rule 14 (O. 11 R. 14) - Rule 14 of ...

CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

Right of appeal under Section 96(2) CPC is a statutory right. Civil Procedure Code 1908 (V of 1908), Order 9 ...

IPC, S. 84 – Where Exception under Sec.84 is claimed

CPC S. 96 – Apart from the substantive suit challenging the Consent Decree to which they were not a party, appeal filed under section 96 CPC seeking restoration of the Suit disposed on basis of consent decree

Civil Procedure Code, 1908 (V of 1908), Section 96 – That apart from the substantive suit challenging the Consent Decree ...

CPC S. 90 – Court Fee refund – Compromise/settlement has taken place outside the Court

Court Fees Act, 1870 (7 of 1870) Section 16 Civil Procedure Code, 1908 (V of 1908) Section 90 – Court ...

CPC S. 64 – comes into operation only if a decree of attachment has been obtained and alienation of the property takes place thereafter.

Transfer of property Act, S. 52 Section 52 puts a bar on alienation of property which is the subject-matter of ...

Tag: CPC

CPC O. 30 – Existence of the provisions of O. XXX in the Code does not mean that a plaint filed in the name of a firm doing business outside India is not a suit infact by the partners of that firm individually

Specific Relief Act S. 22 (2) – CPC O. 6, R. 17 – Amendment of

Jasbir Singh v. Amrik Singh, 2022 PLRonline 0495

CPC – We have, however, serious reservations as to whether the civil court could hear a defendant before registering a plaint

Specific performance – Material questions, which are required to be gone into for grant of the relief of specific performance, enunciated

Interpretation of Statutes , — Plain meaning Civil Procedure Code, 1908 (V of 1908) , Preamble

CPC O.9 R. 13 – Litigation should not be determined by default

Pronouncement of judgment is also a stage in the case

CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

CPC O.11 R.14 – Order to petitioner to produce documents – Upheld.

CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

CPC S. 96 – Apart from the substantive suit challenging the Consent Decree to which they were not a party, appeal filed under section 96 CPC seeking restoration of the Suit disposed on basis of consent decree

CPC S. 90 – Court Fee refund – Compromise/settlement has taken place outside the Court

CPC S. 64 – comes into operation only if a decree of attachment has been obtained and alienation of the property takes place thereafter.

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