Search Results for "CPC Amendment Act 2002"

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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
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Search Results for "CPC Amendment Act 2002"

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High Court

Madras High Court Allows Appeal in Mortgage Suit, Holds That Equitable Mortgage by Deposit of Title Deeds Is Valid and That Guarantors Are Jointly and Severally Liable for Principal Debt and Interest. The court decreed the suit for recovery of Rs.83,88,020.45 with 12% interest per annum on Rs.56,80,101.59 from the date of suit till realization, and passed a preliminary mortgage decree for sale of the mortgaged properties.

12 Feb 2026

The plaintiff, Coimbatore Capital Ltd., a trading member of the National Stock Exchange, filed a suit against two defendants, M.Ramasamy (since deceas...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Suit for Specific Performance — Plaint Not Barred by Section 10 of Transfer of Property Act, 1882. Agreement to Sell with Restriction on Alienation Does Not Render Contract Void Under Section 10 of TPA.

25 Jul 2025

The appellant/plaintiff filed a suit for specific performance of an agreement to sell dated 24.01.2023 executed by the respondent/defendant in respect...

High Court

High Court of Karnataka Quashes Trial Court Order Reopening Evidence in Possession Suit — Reopening of Evidence After Judgment Reserved Not Permissible Under Order 18 Rule 17 CPC Without Justifiable Cause.

25 Feb 2025

The petitioners, Siddappa and Lokanna, filed a suit for possession against the respondent in O.S.No.154/2016 before the Principal Civil Judge and JMFC...

High Court

High Court of Bombay at Nagpur Allows Appeal Against Remand Order in Encroachment Suit — Remand Order Set Aside for Exceeding Appellate Powers Under Order 41 Rule 23 CPC. The First Appellate Court's order reversing trial court's dismissal and remanding for fresh trial was held to be without jurisdiction as the suit was not disposed of on a preliminary point.

20 Dec 2019

The case arises from a suit for removal of encroachment and possession filed by the respondent (original plaintiff) against the appellant (original de...

Supreme Court

Supreme Court Upholds Transposition of Defendants as Plaintiffs in Suit for Cancellation of Sale Deed — Subsequent Purchasers Pendente Lite Allowed to Continue Suit Despite Withdrawal by Original Plaintiffs. The Court Held That Defendants Who Were Originally Plaintiffs and Had Identity of Interest Could Be Transposed Under Order XXIII Rule 1-A CPC to Protect Their Rights and Avoid Bar of Limitation.

6 Mar 2019

The case involves a civil suit originally filed in 1989 by A.C. Nataraja Mudaliar against A.V. Manoharan (defendant No.1) and R. Dhanasundari @ R. Raj...

High Court

Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

13 Mar 2018

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

High Court

High Court of Karnataka Dismisses Appellants' Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Agreement of Sale Dated 21.4.2002 Proved by Plaintiff; Defendant's Legal Representatives Failed to Show Perversity in Lower Courts' Findings.

2 Jun 2017

The appellants, legal representatives of the original defendant in O.S. No. 216/2005, challenged the judgment and decree dated 18.7.2013 passed in R.A...

High Court

High Court of Karnataka Allows Condonation of Delay in Filing Written Statement — Petitioner's Right to Defend Not to Be Defeated by Technicalities. Delay of 312 days condoned as sufficient cause shown and no prejudice caused to respondents.

23 Aug 2016

The petitioner, a retired judge, was a defendant in O.S. No. 171/2014 pending before the Senior Civil Judge and CJM, Mangaluru. The suit was filed by ...

High Court

Bombay High Court Allows Chamber Summons to Raise Attachment Under Order 21 Rule 54 CPC — Bona Fide Purchaser for Value Without Notice of Decree Protected. The court held that an attachment order served after the purchaser had paid full consideration and obtained possession is not binding on the purchaser.

6 Apr 2005

The present chamber summons was taken out by the applicant, Rajneesh Agarwal & Associates P. Ltd, seeking to raise an attachment under Order 21 Rule 5...

High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No. 7 Permitted to Amend Pleadings to Include Additional Grounds of Defence. Amendment Sought to Add Facts Regarding Execution of Agreement and Payment of Consideration, Held Not to Cause Prejudice to Plaintiff as Trial Not Yet Commenced.

30 Nov -0001

The present interim application was filed by defendant no.7, Ganesh Lakhaji Chudasama, seeking amendment of his written statement in a commercial suit...

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