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Search Results for "order vii rule 11"

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High Court

Bombay High Court Dismisses Suit for Declaration and Injunction in Share Dispute Due to Limitation and Lack of Urgency. Plaintiff's claim for declaration of share ownership and rectification of register barred by limitation under Article 58 of Limitation Act, 1963 as cause of action arose in 1998 but suit filed in 2008.

16 Mar 2017

The plaintiff, Messer Holdings Limited, a company incorporated in British Virgin Islands, filed a suit in 2008 seeking a declaration that it is the ow...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Dismissal in Property Declaration Suit. Civil Revision under Section 115 CPC fails as the trial court's refusal to reject plaint under Order VII Rule 11 CPC was not shown to be without jurisdiction or suffering from material irregularity.

21 Sep 2018

The petitioners, who were defendants in a suit for declaration and deletion of name from revenue records, filed a Civil Revision Application under Sec...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

29 Oct 2018

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

High Court

High Court of Bombay at Goa Dismisses Civil Revision Application in Tenancy Dispute — Order VII Rule 11 CPC Application Properly Dismissed. Plaint Not Barred by Law as Tenancy Claim Requires Proof, Not Mere Allegation.

12 Oct 2018

The applicant, Blaze Fernandes, filed a Civil Revision Application under Section 115 CPC challenging the order dated 08.03.2018 of the Civil Judge Jun...

High Court

Madras High Court Dismisses Appeals Against Rejection of Plaint for Non-Payment of Court Fee in Commercial Suits. Court Holds That Order VII Rule 11 CPC Applies and Failure to Pay Court Fee Within Time Leads to Rejection.

7 Jan 2025

The case involves a batch of original side appeals filed against the common order of a learned Single Judge of the Madras High Court rejecting the pla...

High Court

Madras High Court Dismisses Civil Revision Petition in Partition Suit — Plaint Rejection Application Rejected as Power of Attorney Cancellation Does Not Automatically Invalidate Prior Alienations. The court held that cancellation of a General Power of Attorney does not render a sale deed executed by the attorney void ab initio, and the validity of such transactions must be decided at trial.

6 Jan 2026

The Civil Revision Petition was filed by the defendants 1 to 10 in a partition suit challenging the order of the Additional District Judge, Chengalpat...

High Court

Madras High Court Allows Revision Against Rejection of Plaint in Government Suit for Declaration of Nullity of Decree — Trial Court's Order Set Aside for Non-Compliance with Order VII Rule 11 CPC. The court held that a suit challenging a decree as null and void on grounds of fraud or inherent lack of jurisdiction is maintainable and not barred by res judicata.

23 Jan 2026

The Government of Tamil Nadu, represented by the District Collector and other revenue officials, filed a civil suit (unnumbered O.S.SR.No.448 of 2022)...

High Court

Madras High Court Sets Aside Rejection of Plaint at SR Stage for Limitation — Directs Numbering Without Prejudice to Limitation Defence. The court held that the role of the trial court at the institution stage is ministerial, not judicial, and limitation is a mixed question of fact and law to be decided after trial or under Order VII Rule 11 CPC.

30 Jan 2026

The revision petitioner, D. Mohanraj, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging an order dat...

High Court

Bombay High Court Dismisses Petition Challenging Order Rejecting Application Under Order VII Rule 11 CPC in Suit for Declaration and Injunction — Petitioner Failed to Show That Plaint Did Not Disclose Cause of Action. The Court held that the plaint disclosed a cause of action as the plaintiff claimed to be a partner of the defendant No.2 firm and sought declaration of his share and injunction against his mother from interfering with the partnership business.

12 Apr 2018

The petitioner, Mrs. Gulshan Rohington Irani, who was the original defendant No.3 in a suit filed by her son Rayomand Rohinton Irani (respondent No.1)...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Trust Property Suit. Court Fees Held Properly Paid as Suit Was for Injunction, Not Recovery of Money.

22 Feb 2018

The case involves a civil revision application filed by the original defendants (applicants) challenging an order of the trial court dated 15/11/2016 ...

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