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Search Results for "Plaint averments"

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High Court

Bombay High Court Dismisses Revision Applications in Suit for Declaration and Injunction — Rejects Challenge to Order Refusing to Strike Out Pleadings Under Order 6 Rule 16 CPC. Court holds that disputed questions of title and possession cannot be decided in summary proceedings under Order 6 Rule 16 CPC and require trial.

19 Mar 2020

The case involves two civil revision applications filed by the defendants (applicants) against the order of the trial court dated 30.01.2019, which re...

High Court

Bombay High Court Dismisses Bank's Appeal Against Refusal to Reject Plaint Under Order VII Rule 11 CPC; Holds Suit Not Barred by Section 34 of SARFAESI Act. Plaintiffs, Claiming Independent Rights as Co-owners and Not Being Parties to Loan/Mortgage Transaction, Could Not Be Barred Under Section 34 as Their Suit Challenges Mortgage Validity Only Against Their Share, Not the Securitization Process Itself.

8 Dec 2010

The dispute arose from a loan transaction between State Bank of India (appellant/first defendant) and Crosslink Shipbreakers (P) Ltd. (principal borro...

High Court

Bombay High Court Dismisses Revision Application in Suit for Declaration and Injunction — Order Rejecting Application Under Order 7 Rule 11 CPC Upheld. Plaint Discloses Cause of Action and Is Not Barred by Law Under Order 7 Rule 11 CPC.

21 Jul 2017

The case involves a civil revision application filed by the original defendants (M/s New Shelter Enterprises and its proprietors) challenging an order...

Supreme Court

Supreme Court Allows Appeal in Plaint Rejection Case Under Order VII Rule 11 CPC on Limitation Grounds. Suit for Declaration of Will and Codicil as Null and Void Held Barred by Limitation Under Article 58 of Limitation Act, 1963, as Right to Sue First Accrued on Date of Will Execution.

15 Apr 2025

The dispute involved a civil suit filed by the plaintiff, son of deceased Pramod Kesurdas Sanghavi, against his sisters and a nephew as defendants, se...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Rejection Application in Communidade Property Suit. Order VII Rule 11(a) CPC Application Dismissed as Plaint Disclosed Cause of Action Under Code of Comunidades.

6 Sep 2006

The petitioner, M/s. Zuari Industries Ltd., filed a Civil Revision Application under Section 115 of the CPC challenging the order dated 20th March 200...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Suit for Specific Performance — Plaint Not Barred by Section 10 of Transfer of Property Act, 1882. Agreement to Sell with Restriction on Alienation Does Not Render Contract Void Under Section 10 of TPA.

25 Jul 2025

The appellant/plaintiff filed a suit for specific performance of an agreement to sell dated 24.01.2023 executed by the respondent/defendant in respect...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit for Cancellation of Sale Deed — Limitation Question Requires Trial. The court held that the plaint cannot be rejected under Order VII Rule 11(b) CPC when the plaintiff's claim of knowledge of the sale deed on 20.01.2020 is not patently barred by limitation under Article 59 of the Limitation Act, 1963.

15 Sep 2023

The present civil revision application was filed by the defendants (applicants) challenging the order of the 3rd Joint Civil Judge Senior Division, Ja...

High Court

Gujarat High Court Dismisses Appeal Against Rejection of Plaint in Property Suit — Suit Barred by Limitation and Res Judicata. Order VII Rule 11 CPC Application Allowed as Plaint Discloses No Cause of Action and is Time-Barred.

19 Jan 2026

The present appeal was filed by the original plaintiff against the order of the trial court dated 01.10.2025 rejecting the plaint in Special Civil Sui...

High Court

Bombay High Court Upholds Return of Plaint in Suit for Injunction Relating to Open Land — Small Causes Court Has Exclusive Jurisdiction Under Presidency Small Cause Courts Act, 1882. The suit for injunction regarding open land used for water tap and underground cable was held to be exclusively triable by the Small Causes Court under Section 41 of the Presidency Small Cause Courts Act, 1882, as the land was appurtenant to a building.

31 Jan 2005

The appellant, Rambaran Mayashankar Tiwari, carrying on business as Bhole Shankar Flour Mill, filed a suit in the City Civil Court at Bombay seeking a...

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...

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