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High Court Dismisses Civil Revision Petition in Contract Dispute - Limitation Issue for Damages Suit Held to be Mixed Question of Law and Fact - Trial Court Order Rejecting Plaint Rejection Application Under Order VII Rule 11(d) CPC Upheld

The petitioner company challenged termination of contract dated 26.04.2012 through writ proceedings which were dismissed -- The respondents filed suit...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Cooperative Society Property Dispute. Petitioners Failed to Prove Possession Over Suit Property, No Prima Facie Case Established for Injunction Under Order 39 Rules 1 and 2 CPC.

The petitioners filed a writ petition challenging the order dated 30.11.2024 passed by the District Judge-1, Karad, which dismissed their appeal again...

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Supreme Court Allows Appeal in Plaint Rejection Case Under Order VII Rule 11 CPC on Limitation Grounds. Suit for Declaration of Will and Codicil as Null and Void Held Barred by Limitation Under Article 58 of Limitation Act, 1963, as Right to Sue First Accrued on Date of Will Execution.

The dispute involved a civil suit filed by the plaintiff, son of deceased Pramod Kesurdas Sanghavi, against his sisters and a nephew as defendants, se...

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High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Plaint Not Barred by Section 70 of Karnataka Societies Registration Act, 1960. Order VII Rule 11 CPC Application Rejected as Suit Discloses Cause of Action and Is Not Time-Barred.

The petitioner, defendant No.3 in O.S.No.49/2010, filed a civil revision petition under Section 115 CPC challenging the order dated 17.12.2018 passed ...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Plaint Rejection Set Aside for Non-Compliance with Order VII Rule 11 CPC. The court held that only plaint averments are relevant for rejection and limitation is a mixed question of fact.

The appellant, as plaintiff, filed a suit for specific performance of an agreement of sale dated 26.11.1984 executed by A. Gundappa in respect of four...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Declaration and Possession — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata

The applicants (defendants in the suit) filed a Civil Revision Application under Section 115 CPC challenging the trial court's order dated 30.09.2013 ...