India - Andhra Pradesh
seeking amendments to short cause title and long cause title in suit and consequential amendments – Counter affidavit was filed ... is cast upon the advocate appearing for the party who comes to know about the death of the party to communicate the Court about same ... (Paras 16,17, 18 and 20) ... seeking amendments ....
India - Madhya Pradesh
in cause title – rightly allowed. ... The plaintiff, of course, after long delay applied to amend the plaint whereby he has sought to delete the words from the cause title ... The defendant continues to be the same and the plaints contains still the same cause of action as was originally pleaded.
India - Madras
Nagarathinam and Co. in the short cause title of the plaint and he is shown in his individual capacity in the long cause title of ... The plaintiff filed an amendment application to amend the short cause title and the long cause title#H....
person of unsound mind either in short or long cause title, is in body of plaint described as a person suffering from severe intellectual ... whether he can understand and answer same - Mental faculty is a broad term and it is beyond comprehension as to how Court below can ... plaintiffs 1 to 3 and a 1/18th share each to plaintiffs 4 to 6 - Suit has be....
Except for describing himself as a representative of all creditors in the suit both in the long and short cause title the first respondent ... On the very same day, the first respondent had also executed a power of attorney in favour of the second respondent. ... had sought to implead himself in the suit, the same has been opposed by the first respondent which fact has ....
India - Current Civil Cases
the same was allowed for substituted service by publication in Janta Paper and thereafter the wife was proceeded ex parte and marriage ... even did not discuss the pleadings and evidence for making out any cruelty and desertion. ... (A) Hindu Marriage Act, 1955 Section 15 and 28 – Civil Procedure code 1908 read with Order 43 Rule 1 and Order 5 Rule 20 – Limitation ... T....
pronouncement of judgment, and that the trial Court had erred in not applying this provision to the facts of the case. ... certain parties, emphasizing that Section 152 of the Civil Procedure Code allows for correction of clerical mistakes even after trial and ... : The Court emphasized that Section 152 of the Civil Procedure Code allows for correction of clerical mistakes even after trial and ... in the long cau....
of premises and long standing possession, same cannot be decided by authority – That is question of fact to be decided by Estate ... – Liberty – Adduce evidence – Petitioners claim that they are owners of their respective properties mentioned in writ petition and ... they have been enjoying same by paying property taxes to concerned – While so, 1st respondent issued impugned notices dated under ... the Ac....
exclusive possession for long period. ... The Plaintiff had based his claim, for removal of the encroachment, and his claim for permanent injunction, solely on his title and ... should be allowed, even at the late stage of appeal, if it purports to advance the cause of justice and does not cause undue prejudice
to suit schedule property and as the amendment of plaint was moved long after three years from it was clear that it was time barred ... limitation by stating that since in original written statement defendant had admitted title of plaintiff and only in written statement ... was title denied for first time after amendment of plaint was moved relief of declaration claimed by plaintiff would be within the ......
India - Nagpur
Ratio Decidendi: The court found that the plaintiffs had a valid cause of action to sue for the declaration of their own title ... cause of action to sue for the declaration. ... the declaration of their own title, which involved the negation of the defendant's title to the 8-annas share of the two mouzas. ... In support of this allegation of theirs and with the object of showing that, ....
India - Kerala
party, who claims title on the basis of transfer from the inducting landlord. ... in its entirety, the court below is not legally justified in entering a finding that the averments in the plaint do not reveal a cause ... below, by the impugned order passed on an interlocutory application, upheld the plea of the respondents that the appellants have no cause ... So far claim of having derived a good title from the original l....
of action on finding that tenants have no right to initiate a legal action against transferor and transferee landlords as long as ... (Paras 6, 8 and 23) (B) Civil Procedure Code, 1908 – Order VII Rule 11 – Rejection of plaint – Cause of action ... party who claims title on the basis of transfer from inducting landlord. ... So far claim of having derived a good title from the original la....
Whether the petitioner had a bona fide dispute regarding the title to the lands? ... LAND ENCROACHMENT ACT - SUMMARY EVICTION - PROCEDURE - BONA FIDE DISPUTE REGARDING TITLE - SUMMARY REMEDY NOT AVAILABLE - RE-DELIVERY ... Respondents, claiming the lands to be Government property, issued 'B' memo and notices under the Land Encroachment Act and attempted ... to summary eviction, the petitioner does so without just #HL_START....
important social cause.” ... to carry out repairs; that they were in possession for a very long time and that the defendants had become owner, of the suit – ... Accommodation Control Act, 1961 (for short 'the Act').
India - Punjab and Haryana
Remarriage--Despite re-marriage by one of a party who obtained decree of divorce or annulment of marriage, the other party’s right and ... was served with summons in filing application within one month from date and knowledge as per Art.123 of limitation Act which says ... .13--Ex-parte Decree--Setting aside of--Appeal--Divorce Petition--Once it is shown that applicant has no knowledge of proceedings and ... The original petition carrying s....
28 of the Act which provides the right of appeal, much less makes it otiose expressions of the Bombay High Court in is also on same ... ,1908 - Order XLIII Rule 1(d) – Divorce – Ex-parte divorce decree – Whether the appellant-wife was not served with summons duly and ... publication in Janata paper in setting her exparte was not a mere irregularity in the service from improper mention of her name and ... The original petition carrying said ....
Issues: Whether a plaintiff must declare title and seek recovery of possession in an injunction suit when the title is acknowledged ... of the Court: The court dismissed the defendants' arguments regarding the validity of the property identification plans and ... clarified that a title declaration was unnecessary since the defendants acknowledged the plaintiffs' title. ... place where ....
certificate on which the suit is based does not indicate whether the same has been renewed and whether the same was valid and subsisting ... Whether the plaintiff is the registered proprietor of the mark and has a cause of action against the defendant? ... the suit is based indicates that the same has been renewed and was valid and su....
The previous litigation determined his title; however, the lower appellate court's reversal was contested. ... Fact of the Case: The plaintiff sought recovery of property by asserting his title against relatives, contesting the ... arguments of adverse possession and limitations raised by the defendants. ... same obligation shall be deemed respectively to constitute but one cause of action.” ... On a re....
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