Search Results for Tag : Order X
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Ker. HC: Second Appeal Under CPC Admissible on Substantial Question of Law & Not on Equitable Grounds(25.01.2024)
Kerala High Court has held that High Court shall admit and hear second appeal under Order XLII Rule 1, 2 read with Section 100 Code of Civil Procedure.....
Tags : Kerala High Court, Section 100 CPC, Order XLII CPC, Second Appeal
Delhi High Court: Suit Property Can't Be Attached Under Order 38 Rule 5 CPC Mechanically(31.03.2022)
Delhi High Court has reiterated that the power under Order XXXVIII Rule 5 of Code of Civil Procedure, 1908 cannot be exercised mechanically or merely .....
Tags : Delhi High Court, Order XXXVIII Rule 5, Code of Civil Procedure, High Court, Suit Property
Delhi HC: Application for Leave to Serve Interrogatories Need Not be Decided Ex-Parte(07.04.2022)
Delhi High Court has held that no prescription in law, either statutory or precedential, that inhibits from issuing notice under Order XI Rule 1 of Co.....
Tags : Delhi High Court, statutory, precedential, Order XI Rule 1 of Code of Civil Procedure, 1908, prescription in law
Sik HC: Issue of Limitation Involving Question of Facts & Law, Can’t be Decided as Preliminary Issue(05.07.2024)
Sikkim High Court in an application under Order XIV Rule 2 of the Code of Civil Procedure, 1908, has held that if the issue of limitation involves a m.....
Tags : Sikkim High Court, Order XIV Rule 2, Issue of Limitation, Preliminary Issue
SC: Hazardous to Apply Princ. of Order XXI of CPC Where Illegal Auction Sale by State is in Question(11.07.2024)
SC has held that in cases where the legality of an auction sale conducted by the State is questioned on ground of mala fides, undue favour for extrane.....
Tags : Supreme Court, Illegal Auction Sale, Order XXI Rule 90
Tel. HC: HC has Limited Power in Matter of Granting Permission to Withdraw Appeal(18.07.2024)
Tel. HC has held that the power of High Court in matter of granting permission to withdraw an appeal under Order XXIII Rule 1(3) of CPC is very limite.....
Tags : Telangana High Court, Withdrawal, Order XXII of CPC
Delhi HC: Oral Examination of Any Party to Suit is Matter of Discretion Under Order X CPC(16.05.2022)
Delhi High Court has ruled that under Order X of the Code of Civil Procedure, 1908 (CPC), the question of whether any of the parties to the suit is re.....
Tags : Delhi High Court, Order X, Code of Civil Procedure, 1908
Delhi HC: Striking Off Tenant's Defense Under Order XVA CPC Doesn't Justify Default in Rent Payment(17.05.2022)
Delhi High Court has ruled that a tenant's failure to pay rent as directed by the court under Order XVA(1) of the Code of Civil Procedure, 1908 (CPC) .....
Tags : Delhi High Court, rent, Order XVA(1), Code of Civil Procedure, 1908
Delhi HC: High Court's Supervisory Jurisdiction Over Orders Under Order 39 Rules 1&2 Restricted(26.04.2022)
Delhi High Court has ruled that the scope of interference in exercise of its supervisory jurisdiction of the High Court under Article 227 of the Const.....
Tags : Delhi High Court, Article 227, Constitution of India, Code of Civil Procedure, 1908, Order XXXIX, supervisory jurisdiction
SC: Pleadings Must Be Examined Before Allowing Additional Evidence Under O.41 R.27 CPC(25.08.2025)
SC has held that appellate courts must check pleadings before admitting additional evidence under Order 41 Rule 27 of CPC. Evidence inconsistent with .....
Tags : Supreme Court, Order XLI Rule 27, Additional Evidence
SC: Power to Pass Judgment on Admissions Cannot be Claimed as a Matter of Right(07.07.2022)
Supreme Court has held that the power to pass judgment on admissions under Order XII Rule 6 of Code of Civil Procedure is discretionary and cannot be .....
Tags : Supreme Court, Discretionary, Order XII Rule 6
SC: Abatement Prayer Can be Read as Inherent in Prayer for Substitution of Legal Heirs(13.02.2025)
SC has observed that if an appeal abates and an application under Order XXII Rule 4 CPC praying for substitution of legal heirs has been made such pra.....
Tags : Supreme Court, Order XXII Rule 4, Abatement
SC: Remedy under Order XLI Rule 4 CPC Doesn’t Apply When All Defendants Jointly Appeal(21.07.2025)
Supreme Court has held that remedy under Order XLI Rule 4 of CPC allowing one party to appeal on behalf of others if the decree is based on common gro.....
Tags : Supreme Court, Order XLI Rule 4, Substitution
SC to Settle Conflicting Views Regarding Interpretation of Order XXI Rule 97 of CPC(21.05.2025)
Supreme Court is set to settle the conflicting views in two decisions regarding the interpretation of Order XXI Rule 97 of Code of Civil Procedure, 19.....
Tags : Supreme Court, Order XXI Rule 97, Conflicting Views
SC: Can Dismiss Suits Suo Motu Under Order XII Rule 6 CPC(07.05.2025)
Supreme Court has observed that Order XII Rule 6 CPC gives a very wide discretion to the Court to pass a judgment at any stage of the suit and also au.....
Tags : Supreme Court, Admitted Claim, Order XII Rule 6
SC: Under Order XVIII Rule 17 of CPC a Witness Cannot be Recalled at the Instance of a Party(07.05.2025)
SC has observed that under Order XVIII Rule 17 of CPC a witness cannot be recalled at the instance of a party for the purpose of examining, cross exam.....
Tags : Supreme Court, Order XVIII Rule, Clarification