Search Results for "Rejection of plaint"

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Search Results for "Rejection of plaint"

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High Court

High Court of Bombay at Goa Dismisses First Appeal in Partnership Firm Suit for Specific Performance - Plaint Rejection Under Order VII Rule 11 CPC Upheld Due to Res Judicata. Subsequent Suit by Registered Firm Barred as Cause of Action Identical to Prior Dismissed Suit by Unregistered Firm Under Section 69(2) of Indian Partnership Act, 1932.

27 Feb 2026

The dispute originated from agreements for sale of a plot of land in Goa, where the appellant, initially an unregistered partnership firm, entered int...

High Court

High Court Dismisses Application for Rejection of Plaint in Commercial Suit Based on Triable Issues of Limitation and Cause of Action. Application under Order VII Rule 11 CPC Rejected as Plaintiff Disclosed Cause of Action Through Trust Deed and Pleaded Continuing Breach Under Section 22 Limitation Act, Making Suit Maintainable.

9 Mar 2026

The dispute arose from a commercial suit filed by the plaintiff, against Applicant, seeking specific performance of a contract dated 2nd February 2008...

High Court

High Court Dismisses Application for Rejection of Plaint in Commercial Summary Suit Under Order VII Rule 11 CPC. Exemption from Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015 Upheld as Suit Contemplated Urgent Interim Relief Based on Plaintiff's Apprehension of Asset Disposal to Defeat Claim.

4 Mar 2026

The dispute arose from a commercial summary suit filed by  Respondents, a non-banking financial company, against Applicants for recovery of appro...

High Court

High Court of Karnataka Dismisses Writ Petition Under Article 227 of Constitution of India as Alternative Remedy Available Under Commercial Courts Act, 2015. Order Rejecting Plaint in Commercial Suit Amounts to Decree Under Section 2(2) of Code of Civil Procedure, 1908, Making Appeal Maintainable Under Section 13(1A) of Commercial Courts Act, 2015 to Commercial Appellate Division of High Court.

10 Mar 2026

The dispute arose from a writ petition filed under Article 227 of the Constitution of India by a plaintiff, seeking to quash an order dated 03-02-2026...

High Court

High Court Dismisses Civil Revision Application Challenging Rejection of Plaint Under Order VII Rule 11 CPC. The court upheld the Trial Court's decision, finding that objections based on Order II Rule 2 CPC, want of cause of action, and limitation require evidence and trial, not summary rejection under Order VII Rule 11 of the Code of Civil Procedure, 1908.

24 Apr 2026

The dispute arose from a development agreement and subsequent sale deed concerning 32 plots in Latur. The plaintiff, a co-owner, entered into a develo...

Supreme Court

Supreme Court Allows Appeal in Civil Suit, Restoring Trial Court's Order and Granting Interim Injunction. The Court held that the second suit was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908, as the causes of action and properties involved were distinct from the first suit, and the plaint disclosed a cause of action arising after knowledge from the written statement.

16 Apr 2026

The dispute involved a family property conflict where the appellants, the wife and daughters of the deceased original owner, challenged a Power of Att...

Supreme Court

Supreme Court Corrects High Court's Erroneous Observations in Property Title Dispute Under Section 152 of the Code of Civil Procedure, 1908. The Court held that mischaracterization of claims and previous orders in the judgment required correction to prevent prejudice in pending civil proceedings, as the High Court had inverted the respondent's claim and misstated the effect of a prior order regarding property identity.

16 Apr 2026

The appeal arose from two orders of the High Court of Karnataka: a judgment dated 23.02.2024 in CRP No.131 of 2022 and an order dated 22.03.2024 dismi...

Supreme Court

Supreme Court Allows Appeal in Civil Revision Petition and Rejects Plaint Under Order VII Rule 11 CPC. Plaint Based on Agreement to Sell Held Barred by Law as Agreement Does Not Create Interest in Property Under Section 54 of Transfer of Property Act, 1882, and Injunction Suit Without Declaration of Title Not Maintainable When Title Disputed.

16 Apr 2025

The appeal arose from a civil revision petition challenging the High Court's dismissal of an application under Order VII Rule 11 CPC seeking rejection...

Supreme Court

Supreme Court Allows Appeal in Partnership Law Case on Maintainability of Suit by Unregistered Firm. The Court held that Section 69(2) of the Indian Partnership Act, 1932 does not bar a suit for declaration and injunction based on fraud and statutory rights, as it does not involve enforcement of contractual rights.

31 Jan 2022

The appeal arose from a suit filed by an unregistered partnership firm, Shiv Developers, seeking declaration and injunction to nullify a sale deed dat...

Supreme Court

Supreme Court Sets Aside High Court Order Returning Plaint in Civil Suit Over Immovable Property Jurisdiction. The Court Held That the Trial Court in Pune Had Territorial Jurisdiction Based on an Exclusive Jurisdiction Clause in the Agreement and That the Suit Primarily Sought Declaratory and Injunctive Reliefs for Contractual Breaches, Not Directly Concerning Immovable Property Under Order VII Rule 10 CPC, and Modified the Order to Set Aside the Rejection Under Order VII Rule 11 CPC Due to Contradiction.

2 Mar 2023

The appeals arose from a common order of the Bombay High Court allowing civil revision applications against orders of the 9th Joint Civil Judge, Senio...

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Search Results for "Rejection of plaint"

Found 380 result(s)

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...

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...