Search Results for "Rejection of plaint"

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Search Results for "Rejection of plaint"

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High Court

Bombay High Court Sets Aside Order Dismissing Application Under Order VII Rule 11 CPC, Remands Matter for Fresh Adjudication After Joinder of Necessary Parties. The court held that the plaintiff must be allowed to join necessary parties before adjudicating the application for rejection of plaint.

27 Nov 2006

The case involves a civil revision application filed by Rev. Fr. Simpliciano N. Fernandes against an order passed by the Civil Judge, Junior Division,...

High Court

High Court of Karnataka Dismisses Revision Petition Challenging Rejection of Plaint Rejection Application in Suit for Specific Performance. Court holds that the plaint discloses a cause of action and the suit is not barred by limitation, as the agreement to sell was executed in 2016 and the suit was filed in 2021 within the period of limitation.

4 Jul 2023

The petitioners, who were defendants No.5 and 6 in the original suit, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure...

High Court

High Court of Karnataka Dismisses Revision Petition Challenging Rejection of Plaint in Suit for Damages and Injunction — Order 7 Rule 11 CPC Application Rejected as Plaint Discloses Cause of Action. The court held that the plaint as a whole must be considered and that the legal notice sent by the plaintiffs to the defendants was part of the plaint averments indicating a cause of action.

15 Jun 2023

The revision petition was filed by the defendants (petitioners) challenging the order dated 14.03.2023 passed by the III Additional Senior Civil Judge...

High Court

High Court of Karnataka Allows Revision Petition in Rent Control Matter — Suit for Ejectment Not Barred by Karnataka Rent Act, 1999. The Court held that the suit for ejectment based on title is maintainable in civil court as the tenancy was not established and the premises fell under the exclusion clause of Section 2(3)(e) of the Karnataka Rent Act, 1999.

15 Jun 2023

The revision petition was filed by the plaintiff (petitioner) challenging the order dated 05.03.2022 passed by the I Additional Judge, Court of Small ...

High Court

High Court of Karnataka Dismisses Revision Petition in Rent Control Matter — Suit Not Barred Under Karnataka Rent Act. Tenant's Application Under Order 7 Rule 11 CPC Rejected as Suit for Ejectment is Maintainable Before Small Causes Court.

16 Jun 2023

The case arises from a civil revision petition filed by the tenant-defendant (petitioner) challenging the order dated 07.03.2023 passed by the XVII Ad...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order Rejecting Plaint Under Order 7 Rule 11 CPC Set Aside. Court Held That Plaint Discloses a Cause of Action and Cannot Be Rejected at Threshold When Triable Issues Exist.

27 Jun 2023

The petitioners (plaintiffs) filed a suit for declaration and injunction in O.S. No. 4909/2018 before the II Additional City Civil and Sessions Judge,...

High Court

Karnataka High Court Allows Revision Petition in Property Declaration Suit — Order VII Rule 11(d) CPC Application Rejected as Plaint Discloses Cause of Action. Court holds that the plaint cannot be rejected under Order VII Rule 11(d) CPC when the plaintiff's claim is based on a different title and the earlier decree is challenged as not binding.

23 Jun 2023

The case arises from a civil revision petition filed by the petitioner (defendant No.1 in the original suit) challenging the order dated 02.06.2022 pa...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Cancellation of Release Deed — Plaint Not Liable for Rejection Under Order VII Rule 11 CPC as Cause of Action Disclosed. Allegations of Fraud and Misrepresentation in Obtaining Release Deed Constitute a Valid Cause of Action, and the Court Cannot Look into Defense at the Stage of Order VII Rule 11 CPC.

23 Jun 2023

The case arises from a civil suit filed by the plaintiff (respondent herein) seeking cancellation of a registered release deed dated 01.07.2019, alleg...

High Court

High Court of Karnataka Dismisses Revision Petitions Against Rejection of Plaint in Arbitration-Related Suits. Court holds that bar under Section 5 of the Arbitration Act does not apply to suits challenging arbitral awards on grounds of fraud and jurisdictional error.

23 May 2023

The case involves two civil revision petitions filed by M/s. Associated Constructions, a partnership firm, against the Executive Engineer of the Karna...

High Court

High Court of Karnataka Upholds Rejection of Plaint in Civil Suit for Improper Valuation and Court Fee — Trial Court's Order Under Order VII Rule 11 CPC Affirmed. Non-Compliance with Valuation and Court Fee Requirements Leads to Dismissal of Writ Petition Under Article 227.

19 Jun 2023

The petitioners, Dr. Narasimhalu Nandini Memorial Education Trust and its Managing Trustee Dr. Mahalinga B., filed a writ petition under Article 227 o...

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