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Search Results for "cause of action"

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High Court

Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

23 Dec 2025

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

High Court

Bombay High Court Allows Amendment of Appeal in Property Dispute — Petitioner Challenges Order Allowing Amendment of Counter Claim Grounds. Court Holds That Amendment Seeking to Add Grounds Regarding Dismissal of Counter Claims Does Not Introduce New Cause of Action and Is Permissible Under Order VI Rule 17 CPC.

10 Dec 2014

The petitioner, Shankar Masu Dokare, was the original plaintiff in Special Civil Suit No.110 of 2005, seeking a declaration of ownership and cancellat...

High Court

Bombay High Court Refuses Leave Under Clause 12 of Letters Patent in Summary Suit for Recovery of Price of Goods — No Part of Cause of Action Arises Within Court's Jurisdiction. The court held that the making of contract and payment of advance in Bombay did not constitute part of cause of action where goods were to be delivered in Pune, applying A.B.C. Laminart v. A.P. Agencies.

19 Nov 2014

The petitioner, M/s. Polycab Wires Pvt. Ltd., filed a summary suit in the Bombay High Court against the respondent, M/s. Eta Engineering Pvt. Ltd., fo...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

High Court

Bombay High Court Dismisses Suit for Specific Performance Due to Bar Under Order 2 Rule 2(3) CPC — Plaintiff Omitted to Sue for Relief in Previous Suit on Same Cause of Action Without Leave. The court held that the cause of action in both suits was identical, arising from the same term-sheet agreement, and the plaintiff's failure to seek specific performance in the earlier suit without leave barred the subsequent suit.

19 Aug 2014

The plaintiff, Govind B. Bajaj, filed Suit No. 186 of 2013 in the Bombay High Court seeking specific performance of a term-sheet agreement for joint d...

High Court

Bombay High Court Grants Leave Under Clause XII of Letters Patent, 1865 for Partition Suit Involving Immovable Property Outside Jurisdiction. Part of Cause of Action Within Jurisdiction Sufficient to Confer Jurisdiction Over Entire Suit.

11 Aug 2014

The plaintiff, Jaspal Sawhney, filed a petition seeking leave under Clause XII of the Letters Patent, 1865 to file a suit (L) No. 494 of 2014 against ...

High Court

Bombay High Court Allows Amendment of Plaint and Impleadment of Parties in Property Dispute — Amendment Sought Before Commencement of Trial Allowed as No Prejudice Caused. Order VI Rule 17 CPC permits liberal amendment before trial; impleadment under Order I Rule 10 CPC allowed for complete adjudication.

1 Aug 2014

The plaintiffs, Sharayu Ramkrishna Mhatre and Anjali Deepak Karnik, filed a suit (Suit No. 1964 of 2012) in the Bombay High Court seeking a declaratio...

High Court

Bombay High Court Dismisses Writ Petition Challenging Amendment of Plaint in Damages Suit — Amendment to Incorporate Subsequent Events Held Permissible. The court held that amendment under Order VI Rule 17 CPC does not introduce a new cause of action and is not barred by limitation if it relates to the same transaction.

23 Jun 2014

The petitioner, an advocate, was the defendant in Special Civil Suit No.133 of 2013 filed by the respondents for recovery of Rs.25,00,000 as damages w...

High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No. 7 Permitted to Amend Pleadings to Include Additional Grounds of Defence. Amendment Sought to Add Facts Regarding Execution of Agreement and Payment of Consideration, Held Not to Cause Prejudice to Plaintiff as Trial Not Yet Commenced.

30 Nov -0001

The present interim application was filed by defendant no.7, Ganesh Lakhaji Chudasama, seeking amendment of his written statement in a commercial suit...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Plaint Discloses Cause of Action and Limitation Is a Triable Issue. The court held that under Order 7 Rule 11 CPC, only plaint averments are relevant and if they disclose a cause of action, the plaint cannot be rejected; limitation is a mixed question of law and fact.

30 Nov -0001

The applicant, Mr. Ajay Wadhwa, who was original defendant No.9 in the suit, filed a Notice of Motion seeking rejection of the plaint under Order 7 Ru...

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