Search Results for "Order XXX CPC"

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Search Results for "Order XXX CPC"

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High Court

High Court Holds in Review Petition that CPC Amendments under Commercial Courts Act Do Not Apply to Commercial Disputes Below Specified Value. The 120‑day limit for written statement under Order VIII Rule 1 of CPC, 1908 as amended by the Commercial Courts Act, 2015 is inapplicable to suits where the Specified Value is below Rs. 3 lakhs, even if the suit is before the Commercial Division under the proviso to Section 7.

1 Jun 2019

The dispute arose in a commercial suit where the Plaintiff had determined the Specified Value at Rs. 20,000, which was below the threshold of Rs. 3 la...

High Court

High Court of Karnataka Allows Revision Petition for Delivery of Possession Under Order 21 Rule 95 CPC — Decree Holder Entitled to Possession After Court Sale Confirmation. The court held that once a court auction sale is confirmed, the purchaser has a right to delivery of possession under Order 21 Rule 95 CPC, and the executing court cannot dismiss such application.

30 Apr 2014

The petitioner, the decree holder in O.S.No.222/1996, had obtained a money decree against the respondent for Rs.1,15,500/-. In execution proceedings (...

Supreme Court

Supreme Court Upholds Arbitral Award in Commercial Contract Dispute — Joint and Several Liability of Holding Company and Subsidiary Upheld. Division Bench's restoration of award under Section 37 of Arbitration and Conciliation Act, 1996 affirmed, rejecting challenge on grounds of patent illegality and public policy.

3 Sep 2024

The case arises from a dispute between OPG Power Generation Private Limited (OPG) and its holding company Gita Power and Infrastructure Private Limite...

Supreme Court

Supreme Court Allows Appeal in Government Contract Dispute — Substantial Compliance with Section 80 CPC Sufficient. Notice under Section 80 CPC need not be pedantically scrutinized; substantial compliance with cause of action and relief indicated is adequate.

30 Apr 2019

The present appeals relate to whether a notice under Section 80 of the Code of Civil Procedure (CPC) has been given to the State of Tamil Nadu in term...

High Court

High Court of Karnataka Allows Appeal in CPC Case — Sets Aside Order Dismissing Application Under Order XXXIX Rule 2-A for Non-Prosecution. Restoration of Application Granted as Plaintiff Was Not Given Sufficient Opportunity to Be Heard.

5 Oct 2021

The appellant, Shantinath, was the plaintiff in O.S.No.306/2007 pending before the Senior Civil Judge and JMFC, Indi. He filed an interlocutory applic...

Supreme Court

Supreme Court Allows Impleadment of Purchaser Pendente Lite in Property Suit — Assignment of Interest During Pendency Entities Assignee to Continue Suit Under Order XXII Rule 10 CPC. The Court held that a bona fide purchaser of suit property during litigation cannot be ousted by a collusive withdrawal of the suit by the original plaintiff's legal heirs.

4 Oct 2019

The Supreme Court dismissed an appeal against the High Court's order allowing impleadment of a purchaser (JCS) as plaintiff in a pending suit. The ori...

High Court

High Court of Karnataka Allows Appeal in Injunction Dispute Over Possession of Properties — Sets Aside Trial Court Order for Non-Compliance with Order XXXIX Rule 3 CPC. Failure to Record Reasons for Dispensing with Notice Renders Ex Parte Injunction Void.

21 Apr 2025

The appellant, Mr. Srinivas Adhikeshavulu Dalvai, was the defendant in a suit filed by M/s Anushka Constructions Pvt Ltd (the respondent/plaintiff) in...

High Court

Commercial Division of High Court of Karnataka Examines Claim of Joint Ownership in Property Attachment Objection Under Order XXI Rule 58 CPC. Dispute Concerns Whether Judgment Debtor Has Share in Self-Acquired Property of Father Despite Gift Deed Executed Prior to Attachment.

20 Jul 2026

The matters arose from execution proceedings concerning two decrees obtained by related decree holders against a judgment debtor, a sole proprietor. T...

High Court

Bombay High Court Dismisses Petition Challenging Dismissal of Suit Against Unserved Defendant Under Order IX Rule 5 CPC. Failure to Serve Summons on Defendant No.1(c) Despite Court Directions and Lapse of Over Three Years Justifies Dismissal; No Sufficient Cause Shown for Invoking Section 151 CPC.

27 Jun 2024

The petitioner/plaintiff filed R.A.D. Suit No.600 of 2005 before the Small Causes Court, Mumbai, seeking a declaration of tenancy/deemed tenancy in re...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case: Order II Rule 2 CPC Bar Applies to Subsequent Suit for Specific Performance When Relief of Permanent Injunction Was Sought in Previous Suit. The Court held that the plaintiff's entitlement to seek specific performance existed at the time of the first suit, and failure to include it bars the second suit under Order II Rule 2 CPC.

17 Jan 2025

The dispute arose from an agreement for sale dated 24.01.2007 between M/s Chemplast Cuddalore Vinyls Limited (respondent no.1/original plaintiff) and ...

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