Madras High Court

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Madras High Court

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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...

High Court

Madras High Court Dismisses Revision Petition Seeking to Strike Off Plaint in Suit for Injunction Against Trust and Trustees. Court Holds That Suit Is Not Barred by Section 92 CPC as Plaintiffs Seek Declaration of Rights as Trustees and Perpetual Injunction, Not Reliefs Covered Under Section 92 CPC....

The case involves a civil revision petition filed under Article 227 of the Constitution of India, 1950, by the defendants 1 to 7 in O.S. No.394 of 2022 pending before the III Additional District Munsi...

High Court

Madras High Court Allows Civil Revision Petitions in Suit for Partition and Injunction — Trial Court Erred in Dismissing Applications for Appointment of Advocate Commissioner and Interim Injunction Without Proper Application of Mind. The court held that an Advocate Commissioner is necessary to identify the suit property and that the plaintiffs had made out a prima facie case for injunction under Order 39 Rules 1 and 2 CPC....

The case involves three civil revision petitions filed by the plaintiffs, Vadivel and Chidambaram, against the order dated November 10, 2022 passed by the Principal District Munsif Court, Perambalur, ...

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Madras High Court

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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....

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Bombay High Court Accepts State Undertaking in Contempt Petition; Directs Committee to Rev...

Bombay High Court Passes Judgment on Interim Application and Contempt Petition Arising fro...

Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declarations and Lack...

Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Valid Complai...

Supreme Court Acquits Accused in Murder Case Due to Suspicious Dying Declarations and Unpr...

Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance to Wife in...

Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. Objections...