Search Results for "Interrogatories"

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Bombay High Court Allows Writ Petition in Maintenance Case — Trial Court Cannot Suo Motu Determine Insufficiency of Interrogatory Answers Under Order XI CPC. Court Held That Power Under Order XI Rules 10 and 11 Is Triggered Only Upon Application by Interrogating Party, Not Suo Motu.

The petitioner, Vikas @ Vicky Banwarilal Saraf, challenged an order passed by the trial court on an application filed by the respondent, Megha Vikas @...

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Bombay High Court Allows Interrogatories in Fraud-Based Suit — Order 11 Rule 4 CPC. Petitioner's application for interrogatories under Order 11 Rule 4 CPC allowed as interrogatories were relevant to the issue of fraud and not oppressive.

The petitioner, original plaintiff in Special Civil Suit No.60/2006, sought a declaration that a judgment and decree dated 5-11-2003 in Special Civil ...

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Bombay High Court Dismisses Writ Petition Challenging Order Rejecting Withdrawal of Suit Under Order 23 Rule 1 CPC. Court Holds That Withdrawal Without Leave Is Not Permissible When Written Statements Are Filed and Issues Are Framed.

The petitioners, who were the original plaintiffs in a civil suit, filed a writ petition challenging the order of the learned 5th Joint Civil Judge, S...

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Bombay High Court Allows Second Set of Interrogatories in Civil Suit — No Bar Under Order 11 Rule 1 CPC. Trial court must consider interrogatories on merits rather than rejecting them solely on the ground that interrogatories were already delivered once.

The petitioner, original plaintiff in Special Civil Suit No.164 of 2006, filed a writ petition under Articles 226 and 227 of the Constitution of India...

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Bombay High Court Dismisses Appeal in Property Dispute Case Due to Lack of Evidence and Limitation. Court upholds concurrent findings of courts below that appellants failed to prove title and possession over suit property.

The case involves a property dispute between the appellants (original plaintiffs) and the respondents (original defendants) over a piece of land in Po...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...