Search Results for "Plaint rejection"

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Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Search Results for "Plaint rejection"

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High Court

Madras High Court Allows Second Appeal in Succession Dispute — Declares Appellant as Legal Heir Based on Cohabitation and Public Acknowledgment. Court Holds That Long-Term Cohabitation and Public Recognition as Wife and Son Confer Legal Heirship Status Under Hindu Succession Act, 1956.

26 Mar 2026

The case involves a succession dispute where the appellant, L.Arun, filed a suit seeking a declaration that he is the legal heir of the deceased L.Lak...

High Court

High Court of Karnataka Allows Civil Revision Petition in Suit for Declaration of Joint Family Property — Plaint Not Liable for Rejection Under Order VII Rule 11 CPC. Daughters and Minor Son's Suit for Declaration of Joint Family Property and Partition is Maintainable Despite Alleged Prior Partition Deed.

7 Mar 2025

The petitioner-defendant No. 3 filed a civil revision petition under Section 115 of CPC challenging the order dated 19.07.2023 passed by the Senior Ci...

High Court

Bombay High Court Dismisses Revision Against Rejection of Order VII Rule 11 CPC Application in HUF Partition Suit — Suit Not Barred by Limitation as Cause of Action Arose on Alienation by Coparcener.

9 Jul 2024

The present Civil Revision Application was filed by Defendant No.6, a third-party purchaser, challenging the rejection of his application under Order ...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint for Non-Payment of Court Fee in Declaration Suit — Trial Court Directed to Accept Court Fee and Proceed with Suit on Merits. The Court held that rejection of plaint under Order 7 Rule 11(b) CPC is not automatic and plaintiff must be given opportunity to pay deficit court fee before rejection.

1 Feb 2023

The appellant, plaintiff in O.S. No.7602/2013, filed a suit for permanent injunction against the respondent/defendant regarding suit schedule property...

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

High Court

Bombay High Court Dismisses Suit for Specific Performance and Injunction in Property Dispute — Plaintiff Fails to Prove Readiness and Willingness to Perform Contract. Agreement for Sale of Flat Declared Null and Void Due to Non-Compliance with Conditions Precedent and Lack of Valid Termination of Earlier Agreement.

21 Aug 2019

The plaintiff, Manohar Daulatram Ghansharamani, filed Suit No. 220 of 2013 in the Bombay High Court seeking specific performance of an agreement for s...

High Court

Bombay High Court Dismisses Appeal in Suit for Specific Performance — Limitation Bar Not Decided at Plaint Stage. Question of limitation is a mixed question of law and fact requiring trial under Order 7 Rule 11(d) CPC.

21 Feb 2018

The present appeal arises from a suit filed by the predecessor of respondent Nos. 1(i) to 1(iii) (the plaintiff) against the appellants (defendants) s...

High Court

Bombay High Court Upholds Restoration of Suit Despite Plaint Rejection Under Order VII Rule 11(f) CPC — Power to Restore Exists Under Order VII Rule 13 CPC. The Court held that rejection under Order VII Rule 11(f) is not a decree and the Trial Court has jurisdiction to restore the suit upon sufficient cause being shown.

12 Sep 2017

The case arises from a dispute between family members over property. The Plaintiff (Respondent No.1) filed Special Civil Suit No.30/2012 seeking parti...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Recovery Suit — Plaint Discloses Cause of Action Under Order 7 Rule 11 CPC. The court held that the plaint contained specific averments regarding the contract, bills, and outstanding amount, thus disclosing a cause of action.

13 Jan 2016

The petitioner, M/s Cyrus Marine Services, filed a Civil Revision Application under Section 115 CPC challenging the order dated 02.11.2015 passed by t...

High Court

Bombay High Court Allows Appeal in Property Suit, Sets Aside Order Rejecting Plaint for Non-Prosecution. Court holds that dismissal of suit for default under Order IX Rule 8 CPC is not permissible when the plaintiff's counsel is absent but the defendant is present and ready to proceed.

25 Jun 2015

The appellant, Prabhudayal Pande, filed a First Appeal against an order dated 14.8.2014 passed by the 8th Joint Civil Judge (Sr.Dn.), Nagpur, in Speci...

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