Search Results for "CPC Section 115"

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Search Results for "CPC Section 115"

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High Court

Madras High Court Allows Unconditional Leave to Defend in Summary Suit Under Order 37 CPC — Triable Issues Raised Regarding Loan Repayment and Promissory Note Execution. The court set aside the trial court's conditional leave order requiring 50% deposit, holding that the defendants raised substantial triable issues under Order 37 Rule 3(5) CPC.

26 Mar 2026

The case arises from a summary suit filed by the respondent/plaintiff, A. Kanagarajan, against the petitioners/defendants, M/s. Sri MVR Logistics Priv...

High Court

Madras High Court Dismisses Appeal for Specific Performance of Sale Agreement — Plaintiff Fails to Prove Readiness and Willingness. Time was not of essence but plaintiff's conduct showed lack of continuous readiness, disentitling him to discretionary relief under Section 16(c) of the Specific Relief Act, 1963.

12 Feb 2026

The appellant/plaintiff filed a suit for specific performance of a sale agreement dated 09.03.2006 for 51 cents of land at Rs.25,000 per cent. He paid...

High Court

High Court of Karnataka Dismisses Civil Revision Petition in Suit for Declaration and Injunction — Rejection of Plaint Under Order VII Rule 11 CPC Denied. Court holds that the plaint discloses a cause of action and is not barred by limitation, as the suit is based on a registered sale deed executed in 2019 and the plaintiff's possession was allegedly disturbed in 2022.

15 Dec 2025

The petitioners, defendants in a suit for declaration of title and permanent injunction, filed a civil revision petition challenging the trial court's...

High Court

High Court of Karnataka Sets Aside Execution Orders in Arbitration Award Enforcement — Petitioner Granted Opportunity to File Objections. Court holds that execution court must consider objections under Section 47 CPC before ordering sale of judgment debtor's property.

30 Jun 2025

The petitioner, Sri Ashish K. Philip, was the judgment debtor in execution proceedings arising out of an arbitration award in favor of the respondent,...

Supreme Court

Supreme Court Allows Appeals Against High Court's Review Order in Mutation Dispute — Review Power Cannot Be Used to Rehear Merits After Dismissal of SLP. The High Court's review order was set aside as it sought to re-examine the merits after the Supreme Court had dismissed the SLP against the original judgment, and the contempt petition was barred by limitation.

1 Jan 2024

The present appeals arise from a long-standing property dispute concerning land known as 'Asman Jahi Paigah' in Raidurg village. The original suit for...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

22 Dec 2023

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

High Court

High Court of Karnataka Allows Correction of Clerical Errors in Decree Under Sections 152 and 153 CPC — Petition to Quash Rejection of Application for Amendment in Final Decree Proceedings Allowed. The court held that the trial court has inherent power to correct clerical mistakes at any time and set aside the rejection order.

5 Jul 2019

The petitioners, who were plaintiffs in O.S.No.129/1994, filed an application under Sections 152 and 153 of the Code of Civil Procedure, 1908 (CPC) in...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Order 2 Rule 2 CPC Bar Not Applicable. Petitioner's claim of res judicata based on earlier execution proceedings fails as the suit is for different relief.

3 Jun 2014

The petitioner, P.M. Gopi, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) against an order dated 5.9.2013 pass...

High Court

Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

4 Apr 2013

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

High Court

High Court of Bombay at Nagpur Dismisses Civil Revision Against Order Rejecting Jurisdictional Objection Under Section 115 CPC. Return of Plaint Under Order 7 Rule 10 CPC Constitutes Final Disposal for Maintainability, but Order Rejecting Jurisdiction Does Not Finally Dispose of Suit in Favour of Applicant.

10 Aug 2011

The case involves a civil revision application filed by Hindustan Petroleum Corporation Limited (the defendant/applicant) challenging an order dated 2...

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