Search Results for "CPC Amendment Act 2002"

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High Court of Karnataka Quashes Land Tribunal Order for Violation of Natural Justice in Occupancy Rights Claim. Failure to Consider Amendment Application and Provide Opportunity to Lead Evidence Renders Order Illegal.

The petitioners, legal heirs of late Narayan Nagappa Naik, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a wri...

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Bombay High Court Allows Amendment of Written Statement and Counter Claim in Civil Suit — Petitioner Granted Leave to Amend Pleadings Based on Court Commissioner's Report. Amendment Sought to Incorporate Encroachment Findings from T.I.L.R. Report Under Order VI Rule 17 CPC.

The petitioner, Girish Bhor, was the original defendant in Regular Civil Suit No. 176 of 2008 filed by the respondent, Ambadas Perne, in the Court of ...

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Bombay High Court Dismisses Application to Set Aside Ex-Parte Order in Property Dispute Due to Limitation. Delay of Over 3 Years in Challenging Ex-Parte Decree Under Order 9 Rule 13 CPC Held Not Sufficiently Explained.

The case involves a Chamber Summons filed by the Plaintiff/Applicant, Smt. Gopi, widow of Tarachand R. Advani, seeking to set aside an ex-parte order ...

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Bombay High Court at Goa Dismisses Petition for Injunction Against Auction of Barge in Admiralty Suit — Petitioners Failed to Establish Prima Facie Case for Ownership or Possession. The court held that the balance of convenience favored the respondents and no irreparable loss was shown.

The case involves a writ petition filed by Mrs. Mona Kapadia and Capt. Kenneth Khan against M/s Gammon India Limited and others, seeking to restrain t...

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Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance — Held That Application Under Order 9 Rule 13 CPC Was Not Maintainable as the Decree Was Not Ex-Parte But on Merits After Written Statement Was Filed.

The appellants, Jagdish Tukaram Mulik and others, filed an appeal against an order of the Civil Judge, Senior Division, Pune, dismissing their applica...