Search Results for "Order XXIII"

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Search Results for "Order XXIII"

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High Court

High Court of Karnataka Allows Petitioner to File Written Statement Beyond 90 Days in Partition Suit. Order VIII Rule 1 CPC Held Directory, Not Mandatory — Trial Court's Rejection Quashed on Payment of Costs.

8 Jul 2026

The petitioner, Sri S. Indushekhar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 25/11/202...

Supreme Court

Supreme Court Allows Appellant in Civil Procedure Dispute Over Maintainability of Appeal Against Consent Decree. Court Held That Party to Suit Can Directly File First Appeal Under Section 96 of Code of Civil Procedure, 1908, Despite Section 96(3) Bar, as 1976 Amendment Introduced Order XLIII Rule 1-A(2) Preserving Such Remedy.

23 Apr 2025

The appeal arose from a dispute over land in Siddhpur, District Patan, involving multiple parties including the appellant Sakina Sultanali Sunesara an...

High Court

Bombay High Court Dismisses Petition Challenging School Tribunal's Dismissal of Appeal as Barred by Order XXIII Rule 1 CPC — Termination of Headmaster Upheld Due to Withdrawal of Earlier Appeals Without Liberty to File Fresh Appeal. The court held that the third appeal on the same cause of action was barred under Order XXIII Rule 1 of the Code of Civil Procedure, 1908, despite the termination being illegal under the MEPS Act.

12 Jun 2024

The petitioner, a headmaster appointed on 19th June 1991, was terminated by an order dated 6th October 2001. He initially filed Appeal No. 99 of 2001 ...

High Court

Bombay High Court Dismisses Appeal in Property Suit for Non-Prosecution. Appeal under Section 96 CPC dismissed as appellants failed to appear and no grounds were made out to interfere with the trial court's judgment.

25 Jan 2024

The present First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908, challenging a judgment and decree passed by the trial court....

Supreme Court

Supreme Court Allows Appeal in Civil Procedure Case on Maintainability of Suit Challenging Compromise Decree. The Court held that an independent suit to set aside a compromise decree is barred under Order XXIII Rule 3A of the Code of Civil Procedure, 1908, and the Trial Court correctly rejected the plaint under Order VII Rule 11(d).

9 Feb 2022

The dispute arose from a property gifted to the original plaintiff during his minority, which was later revoked, leading to a development agreement an...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

30 Jun 2021

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

High Court

Bombay High Court Dismisses Revision Against Refusal to Reject Plaint in Suit for Conveyance and Amenities. Plaint Disclosed Cause of Action and Claim for Conveyance is Continuing Cause of Action Not Barred by Limitation.

28 Jan 2021

The case involves a civil revision application filed by the applicants (defendants in the suit) challenging the order of the learned Senior Civil Judg...

High Court

Bombay High Court Dismisses Civil Revision Application Challenging Order Granting Liberty to Withdraw Suit and File Arbitration. Arbitration Agreement Enforceable Despite Unregistered Partnership Firm Under Section 69 of Partnership Act, 1932.

23 Oct 2018

The case involves a civil revision application filed by the applicant (original defendant) under Section 115 of the Code of Civil Procedure, 1908, cha...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Title and Adverse Possession. Court holds that plea of adverse possession must be specifically pleaded and proved, and that the First Appellate Court's reversal of trial court's finding on adverse inference was justified.

5 Aug 2014

The case involves a Second Appeal filed by the appellants (original plaintiffs) against the judgment of the First Appellate Court which reversed the t...

High Court

Bombay High Court Dismisses Appeal in Property Suit — Upholds Trial Court's Refusal of Temporary Injunction for Lack of Prima Facie Case and Balance of Convenience. The court held that the appellants failed to establish a prima facie case for injunction under Order 39 Rules 1 and 2 CPC as the property was in the name of the respondent and no joint ownership was proved.

30 Nov -0001

The appellants, Smt. Vishankumari Udaysingh Varma and Smt. Manju Udaysingh Varma, filed First Appeal No.627 of 2016 in the Bombay High Court against t...

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