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High Court

Madras High Court Allows Revision by Bank, Rejects Plaint in Suit for Permanent Injunction After Assignment of Debt. Held that once loan liability is assigned to an Asset Reconstruction Company, the assignor Bank is not a necessary party and the plaint discloses no cause of action under Order VII Rule 11 CPC....

The Civil Revision Petition was filed by the Defendant-Bank, City Union Bank Ltd., challenging the order dated March 19, 2020 passed by the XVIII Assistant Judge, City Civil Court, Chennai, dismissing...

High Court

Madras High Court Allows Revision Petition Filed by Plaintiff in Suit for Cancellation of Sale Deed — Ex-Parte Decree Restored as Delay of 7 Years in Filing Application to Set Aside Ex-Parte Decree Was Not Sufficiently Explained. The Court held that the second defendant's failure to appear and lack of diligence in pursuing the case did not constitute sufficient cause for condonation of delay under Section 5 of the Limitation Act, 1963....

The case arises from a civil revision petition filed by the plaintiff (now represented by legal heirs) against an order of the Principal Subordinate Judge, Tiruppur, dated July 14, 2022, allowing an a...

High Court

Madras High Court Allows Revision Petition, Rejects Plaint in Bank Recovery Suit for Non-Disclosure of Cause of Action and Bar by Limitation. The court held that the plaint must disclose material facts showing a cause of action and must be filed within limitation, and failure to do so warrants rejection under Order VII Rule 11 CPC....

The petitioner, T.K. Venkateswaran, was the 2nd defendant in a recovery suit filed by the Tamilnadu Circle Postal Co-operative Bank Ltd. (plaintiff) in O.S. No.1295 of 2020 before the VIII Assistant J...

High Court

Madras High Court Dismisses Revision Petition to Strike Off Plaint in Injunction Suit — Order II Rule 2 CPC Bar Not Applicable as Cause of Action in Subsequent Suit is Different. The Court held that a subsequent suit for injunction based on a fresh cause of action is not barred by Order II Rule 2 CPC when the earlier suit was for declaration and injunction based on a different cause of action....

The case involves a Civil Revision Petition filed under Article 227 of the Constitution of India by the Defendants in O.S. No.25 of 2023, seeking to strike off the plaint on the ground that the suit i...

High Court

Madras High Court Dismisses Defendants' Petition to Strike Out Plaint in Injunction Suit — Order II Rule 2 CPC Bar Not Applicable as Cause of Action in Subsequent Suit is Different from Earlier Suit. The court held that the bar under Order II Rule 2 CPC applies only when the cause of action is the same, and since the present suit was based on a fresh cause of action, the plaint cannot be struck off....

The case involves a Civil Revision Petition filed under Article 227 of the Constitution of India by the defendants in O.S. No.25 of 2023, seeking to strike off the plaint on the ground that the suit i...

High Court

Madras High Court Dismisses Revision Petition to Strike Off Plaint in Suit for Declaration and Injunction — Cancellation Deed Challenged as Void. Court holds that plaint cannot be struck off under Article 227 of the Constitution of India, 1950 when triable issues exist regarding validity of cancellation deed and possession....

The Civil Revision Petition was filed by the Defendant in O.S. No.35 of 2022 pending before the District Munsif cum Judicial Magistrate Court, Cheyyur, seeking to strike off the plaint under Article 2...

High Court

Madras High Court Dismisses Revision Against Order Allowing Withdrawal of Partition Suit with Liberty to File Fresh Suit. Trial Court's Discretion Under Order XXIII Rule 1 CPC Upheld as No Perversity or Jurisdictional Error Found....

The case arises from a suit for partition and separate possession filed by the plaintiff (first respondent) in O.S. No.169 of 2008 before the District Munsif Court, Panruti. The plaintiff, along with ...

High Court

Madras High Court Allows Revision Against Dismissal of Commissioner Appointment in Partition Suit — Failure to Consider Application on Merits. Order XXVI Rule 9 CPC Requires Application of Mind and Recording of Reasons Before Dismissing Application for Appointment of Advocate Commissioner....

The petitioner, N. Nithyanandan, filed a Civil Revision Petition under Article 227 of the Constitution of India challenging the order dated January 20, 2022 passed by the V Additional District Judge, ...

High Court

Madras High Court Dismisses Revision Petitions Challenging Orders on Impleading and Rejection of Plaint in Suit for Specific Performance — Held That Trial Court's Discretionary Orders Under Order 1 Rule 10 CPC and Order 7 Rule 11 CPC Are Not Interfered With Under Article 227....

The case involves two Civil Revision Petitions filed under Article 227 of the Constitution of India, 1950, arising from a suit for specific performance (O.S. No.38 of 2020) pending before the Subordin...

High Court

Madras High Court Allows Civil Revision Petition in Partition Suit — Sets Aside Trial Court Order Dismissing Application for Appointment of Advocate Commissioner. Court holds that appointment of Advocate Commissioner for identification of suit properties and collection of data is permissible under Order 26 Rule 9 CPC even when defendants deny title, as long as the application is not for collection of evidence but for proper adjudication....

The petitioners, who are the plaintiffs in O.S. No.43 of 2014 on the file of the Subordinate Judge, Ariyalur, filed a suit for partition and separate possession of suit properties. During the pendency...

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Madras High Court Dismisses Revision Against Order Allowing Withdrawal of Partition Suit with Liberty to File Fresh Suit. Trial Court's Discretion Under Order XXIII Rule 1 CPC Upheld as No Perversity or Jurisdictional Error Found....

Madras High Court Allows Revision Against Dismissal of Commissioner Appointment in Partition Suit — Failure to Consider Application on Merits. Order XXVI Rule 9 CPC Requires Application of Mind and Recording of Reasons Before Dismissing Application for Appointment of Advocate Commissioner....

Madras High Court Dismisses Revision Petitions Challenging Orders on Impleading and Rejection of Plaint in Suit for Specific Performance — Held That Trial Court's Discretionary Orders Under Order 1 Rule 10 CPC and Order 7 Rule 11 CPC Are Not Interfered With Under Article 227....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court of Judicature at Bombay Upholds Developer's Challenge to Arbitration Award — ...

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Supreme Court Upholds Appellant's Challenge to High Court Orders in Civil Appeal — Legal...