praveen
18 February 2012 at 09:14
can we file a review petition if the second appeal is allowed without giving opportunity to Opposite party to show no sustantial question of law is invovlved
lalit
18 February 2012 at 02:19
a defendant has not filed his written statement for over 158days.
the learned court decided to hear the matter ex-parte.
the defendant's lawyer appeared on the date fixed for ex-parte hearing and claimed that he had lost his diary hence he could not keep tracks of the dates.
the court decided to grant him another 30 days to file w/s and asked him to pay a cost of Rs.500/-at court.
can a court grant such extension for filing w/s.
what shall be the petitioners action?
BEBO Arora
18 February 2012 at 00:12
Dear all,
Is it possible to convert Order XXXVII summary suit to Order XXXIV suit.
or through amendment in plaint is it possible to covert order XXXVII summary suit to Order XXXIV Suit.
According to me through amendment the change in nature of suit is not allowed.
Further the best remedy to withdraw the order XXXVII suit and then to file fresh suit under Order XXXIV.
Am i correct?
kindly give your suggestions.
anand bhaskar burhade
17 February 2012 at 21:15
if affidavit filed by deffendent and witness what is the the limit to cross pertains to affidavit?
pawan kumar
17 February 2012 at 18:05
in suit filed defendent accepted summons and his advocate appeared once only and asked for documents which were provided but did not file written statement nor appeared despite various opportunities and imposing financial penality which was not deposited. court struck the defence and conducted plaintiff arguements and adjourned the case forex parte evidence. request of my advocate for issuance of orders for payment of rent by defendent wasnot considerd.does it mean court will consider payment of rent by defendent/tenant after exparte evidence .how long court will take to order payment of rentor decide the case. after ex parte evidence what will be further stage of the case
ADV KAMAL JADHAV BANGALORE
17 February 2012 at 16:01
Dear Respected Seniors..
Could you explain me what is the difference between (Civil) Decree and Order please?
Dharma
17 February 2012 at 08:48
Can a defendant amend / make some changes in his written statement after filling and recieved by plaintiff but before interim injunction (6C) disposal / hearing and beore plaintiff's any rejoinder? If not at this stage then at which stage this possible.
rajendra
17 February 2012 at 00:40
Section 89 of Code of Civil Procedure read with Section 16 of Court fee Act provides for refund of court fee in full to the party paid the court fee. In case of money decree obtained by plaintiff and defendant challenging the same in High court and settlement is arrived as per Section 89 of CPC, whether plaintiff will also be entitled to refund of court fee paid on the plaint in the trial court as the defendant gets the refund of court fee paid on the appeal memorandum in the appeal ?
Please also give any case law on this point if found.
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Cross examination
permissible limit to cross the witness pertains to affidavit on record